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Jennings American Legion Hospital v. Jones10/30/2002
REVERSED AND REMANDED.
Eugene Jones brought an action seeking recovery for medical malpractice. In response, Jennings American Legion Hospital filed a peremptory exception of prescription. After a contradictory hearing, the trial court sustained the exception. For the following reasons, we reverse and remand.
Factual and Procedural Background
This medical malpractice claim arises from an emergency room visit at Jennings American Legion Hospital ("American Legion") on April 4, 1997. Eugene Jones received multiple lacerations when a glass bottle exploded while he was burning trash. Seeking medical attention, Mr. Jones went to American Legion where he was treated by Dr. Lam Nguyen, an emergency room physician. Mr. Jones now alleges that Dr. Nguyen rendered negligent care on this April 4, 1997 emergency room visit. Notably, Mr. Jones was under active duty of the United States Army at the time of this injury .
In his request for review filed with the Louisiana Patient's Compensation Fund, Mr. Jones specifically alleges that Dr. Nguyen allowed a piece of glass to remain in his face and claims that he experienced constant pain in his face for three years. Mr. Jones additionally alleges Dr. Nguyen negligently applied sutures in his right arm and asserts that he was forced to undergo physical therapy as a result.
These complaints of pain and resulting treatment are supported by the military medical records of Mr. Jones. Specifically, the medical records indicate that Mr. Jones received physical therapy for his arm in May of 1997. Thereafter, the medical records provide that Mr. Jones was treated after complaining of pain in his face in May of 1998. On June 29, 1999, Mr. Jones' medical records disclose that there was a possible foreign body in the area of his left mandible. Furthermore, an August 30, 1999 report provides the following: "24 yo BM with a foreign body in the subcutaneous area of the L mandible needs radiographic confirmation prior to removal." Yet, Mr. Jones did not receive the radiographic confirmation at that time.
In accordance with his military orders, Mr. Jones left the United States to report for duty in Korea in October of 1999. While in Korea, Mr. Jones had his face X-rayed, and Dr. T. Hoang removed a small piece of glass from Mr. Jones' left jaw area on March 17, 2000. Subsequently, Mr. Jones returned to the United States and filed his request for review with the Louisiana Patient's Compensation Fund on June 7, 2000. Mr. Jones was officially discharged from his duties in Korea on August 4, 2000; and today, he remains under active duty with the Army.
Once Mr. Jones filed his request for review, American Legion requested a docket number on this matter. Once a docket number was assigned, American Legion filed a peremptory exception of prescription. The trial court sustained American Legion's exception, finding that Mr. Jones' complaint was filed more than three years after treatment. The trial court also found that the doctrine of contra non valentem was inapplicable because Mr. Jones knew or should have known that he may have been the victim of malpractice as he experienced continuous pain in his face for three years after treatment.
Mr. Jones now appeals, raising the following assignments of error: (1) the trial court erred in holding that the three year prescriptive period for filing claims under the Medical Malpractice Act was not tolled by Jones' military status pursuant to the Soldiers' and Sailors' Civil Relief Act; and, (2) the trial court erred in holding that the doctrine of contra non-valentem does not suspend the running of prescription.
Discussion
The prescr
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