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Richard v. Louisiana Extended Care Centers3/6/2002
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
The curatrix of a nursing home resident filed suit against the nursing home alleging the resident sustained serious injury as a result of an employee's negligent or tortious conduct. The defendant filed an exception of prematurity, arguing that the action was controlled by the Medical Malpractice Act insofar as it required initial submission to a medical review panel. The plaintiff alleged that a separate remedy existed under the Nursing Home Residents' Bill of Rights, falling outside the requirements of the Medical Malpractice Act. The trial court concluded that the matter is covered by the Medical Malpractice Act, requiring submission to the medical review panel. The plaintiff appeals. For the following reasons, we affirm in part, reverse in part, and remand.
Factual and Procedural Background
The petition instituting this matter alleged that Edna Deville was a resident of Senior Village Nursing Home in Opelousas, Louisiana, on March 16, 2001, when she allegedly sustained serious bodily injury . As a result of Ms. Deville's injuries, her representative filed this suit naming as defendant, Louisiana Extended Care Centers, Inc., the operator of Senior Village. Suit was brought under the Nursing Home Residents' Bill of Rights, La.R.S. 40:2010.8, et seq. The petition contained allegations that Ms. Deville was injured "when she was viciously attacked by an employee of Senior Village Nursing Home, or alternatively, allowed to fall from her wheelchair." Thus, intentional tort and negligence theories were advanced and damages associated with the injuries sought.
The defendant filed a "Petition for Judicial Review Under the Louisiana Medical Malpractice Act and/or Dilatory Exception of Prematurity," asserting that causes of action advanced by the petition involve claims of professional negligence or malpractice. Thus, the defendant argues, the matter must first be submitted to a medical review panel as is required by the Medical Malpractice Act, La.R.S. 40:1299.41, et seq. The trial court agreed, granting the exception of prematurity and dismissing the plaintiff's demands without prejudice.
The plaintiff appeals, assigning the following as error:
The trial court erred in granting defendant's exception of prematurity when plaintiff's allegations concern violations of the Nursing Home Patient's Bill of Rights which grants plaintiff a cause of action for denial of those rights in addition to other remedies available to plaintiff including a claim of malpractice.
Discussion
The plaintiff argues that the actions pursued in the petition arise under the Nursing Home Residents' Bill of Rights, which is argued to be a separate, distinct, and additional cause of action than any under the Medical Malpractice Act. In the plaintiff's brief, it is asserted that " o conflict exists between the Nursing Home Patient's Bill of Rights and the Medical Malpractice Act as the nursing home patient is afforded a remedy `in addition to and cumulative with other legal' remedies available."
The Nursing Home Residents' Bill of Rights provides comprehensive guarantees for nursing home residents' safety and well-being. See La.R.S. 40:2010.8. The enforcement portion of the legislation is provided at La.R.S. 40:2010.9, which states:
A. Any resident whose rights, as specified in R.S. 40:2010.8, are deprived or infringed upon shall have a cause of action against any nursing home or health care facility responsible for the violation. The action may be brought by the resident or his curator, including a curator ad hoc. The action may be brought in any court of competent jurisdi
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