 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Bolden v. Dunaway12/28/1998
BOLDEN v. DUNAWAY, 97 1425 (La.App. 1 Cir. 12/28/98); 727 So.2d 597
The sole issue in this appeal is whether plaintiffs have stated a cause of action that is subject to the provisions of the Medical Malpractice Act, La. R.S. 40:1299.41 et seq. Because we conclude they have not, we reverse the judgment of the trial court denying defendant's exception of prematurity and grant the exception of prematurity as to plaintiffs' malpractice claims.
FACTS AND PROCEDURAL HISTORY
On January 13, 1997, plaintiffs, Carla and Juan Bolden, filed their original petition naming Dr. Heber E. Dunaway, Jr. as defendant and containing the following pertinent allegations:
"2. "On December 18, 1995 defendant examined plaintiff, Carla Bolden and confirmed the need for surgery to remove a tumor; defendant informed plaintiff he would assist Dr. Holden-Parker in performing the needed surgery which was scheduled for January 17, 1996 at Womans' (sic) Hospital in Baton Rouge, Louisiana. "3. "On January 17, 1996, Dr. Dunaway's office called plaintiff and told her defendant's surgical fee had to be paid in advance or he would not assist in the surgery; after Discussion of the amount of defendant's fee, the Bolden's (sic) agreed to pay the requested fee in advance and were told to pay the money at Dr. Dunaway's office in Woman's Hospital the day of surgery. "4. "On January 17, 1996, at about 1:00 p.m., Mrs. Bolden was admitted in Woman's Hospital. Earlier, Mr. Juan Bolden had gone to Dr. Dunaway's office to pay for the surgery in advance; Dr. Dunaway's agent told Mr. Bolden that Dr. Dunaway had to accept the money and that he was in the hospital and she would page him. . . . "5. "Mr. Bolden continued to wait until about 1:30 when he told defendant's agent he was going to check on his wife to see how she was doing, who had been prepped for the surgery and was waiting with an I.V. in her arm. . . . "6. "About 2:20 p.m. plaintiff, Carla Bolden, was notified her surgery had been canceled because financial arrangements had not been made with Dr. Dunaway. About 2:30 p.m. Dr. Holden Parker, who had scrubbed for surgery came in and informed plaintiff that she had just been notified defendant was on his way to New Orleans. "7. "As a result of defendant's callousness and his negligence consisting of his failure to appear and accept payment or to make proper arrangements to receive advance payment, plaintiffs surgery was canceled and became more complicated and risky because of tumor growth. . . . "8. "Plaintiffs desire and are entitled to damages allowed by law including damages for mental and physical pain and suffering caused by defendant's negligence."
On February 7, 1997, defendant filed a dilatory exception pleading the objection of prematurity.
On March 3, 1997, plaintiffs filed an amending petition with the following pertinent allegations:
"2. "On December 18, 1995 defendant examined plaintiff, Carla Bolden and confirmed the need for surgery to remove a tumor which was causing infertility and other serious problems related to the female reproductive system, including severe pain and discomfort; at that time Dr. Dunaway agreed to perform surgery with Dr. Holden-Parker to remove the tumor; the necessary surgery . . . was scheduled for January 17, 1996 at Womans' (sic) Hospital in Baton Rouge, Louisiana. "* * * * * * "7. "Under the circumstances in this case, defendant's conduct in walking out on his patient who had been prepped for surgery because he had not been paid his fee was extreme and outrageous conduct which caused severe emotional distress to the plaintiffs. The defendant knew or should have known his conduct in abandoning a patient and canceling her sur
Page 1 2 3 4 5 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|