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Patty v. Christus Health Northern Louisiana8/22/2001
We granted writs in this and another medical malpractice case (Collins v. Sisters of Charity of Incarnate Word, 34,897 (La. App. 2d Cir. 08/22/01), ___ So.2d ___), to review a legal issue common to both: whether the mailing of a request to the Patient's Compensation Fund Oversight Board ("the Board"), seeking review of a medical malpractice claim against a private healthcare provider, constitutes the filing of a request for review with the Division of Administration so as to suspend the running of prescription. For the reasons set forth below, we find that it does and affirm the district court's judgment denying an exception of prescription filed by defendant, Christus Schumpert Health System ("Christus Schumpert").
Factual Background
In this case, plaintiff's attorney mailed a request for review to Cheryl Jackson, Director of the Patient's Compensation Fund within the prescriptive period. Thereafter, the claim was reviewed by a medical review panel and a decision was rendered in favor of defendant, Christus Schumpert. Following the medical review panel's decision, a malpractice lawsuit was filed. Defendant filed an exception urging that prescription had not been suspended by mailing the request for a medical review panel or by the consideration and decision of such a panel because the request was not first filed with the Division of Administration as required by La.R.S. 40:1299.47(A)(2)(a), but with the Board. After considering the arguments of the parties, the district court denied the exception. The instant writ application filed by defendant was granted.
Discussion
To resolve this issue, we turn to the applicable statutory provisions.
La.R.S. 9:5628(A) provides in part:
No action for damages for injury or death against any . . . hospital . . . whether based upon tort, or breach of contract, or otherwise, arising out of patient care shall be brought unless filed . . . within one year from the date of discovery of the alleged act, omission or neglect. . .
La.R.S. 40:1299.47(A)(2)(a) provides:
The filing of the request for a review of a claim shall suspend the time within which suit must be instituted, in accordance with this Part, until ninety days following notification, by certified mail, as provided in Subsection J of this Section, to the claimant or his attorney of the issuance of the opinion by the medical review panel, in the case of those health care providers covered by this Part, or in the case of a health care provider against whom a claim has been filed under the provisions of this Part, but who has not qualified under this Part, until sixty days following notification by certified mail to the claimant or his attorney by the board that the health care provider is not covered by this Part. The filing of a request for review of a claim shall suspend the running of prescription against all joint and solidary obligors and all joint tortfeasors, including but not limited to health care providers, both qualified and not qualified, to the same extent that prescription is suspended against the party or parties that are the subject of the request for review. Filing a request for review of a malpractice claim as required by this Section with any agency or entity other than the Division of Administration shall not suspend or interrupt the running of prescription. (Emphasis added).
The last sentence of La.R.S. 40:1299.47(A)(2)(a) clearly states that prescription is not suspended or interrupted unless the request for review is filed with the Division of Administration. Notably, however, this section does not specify the procedure for filing a request for review with the Division of Administrat
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