 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Heard v. Morehouse Parish Health Unit12/14/2005
SUMC, 34,770 (La. App. 2d Cir. 6/20/01), 792 So. 2d 798.
In Cruse, this court held that when a plaintiff has knowledge of facts strongly suggestive that an untoward condition or result may be the result of improper treatment and there is no effort by the health care provider to mislead or cover up information available to the plaintiff through inquiry or professional medical or legal advice, and the facts and the cause of action are reasonably knowable to the plaintiff, the one year prescriptive period under La. R.S. 9:5628 commences immediately.
In Bailey, a case with facts nearly identical to the instant matter, the court determined that a plaintiff, who was 42 weeks pregnant and experienced difficult labor and delivery with immediately identifiable injuries to the baby, had sufficient information to incite her curiosity and put her on notice of a cause of action that resulted in the commencement of the accrual of prescription from her son's birth.
Our review of the record reveals that plaintiffs' argument is simply without merit. Quality Care's report was not issued until nearly 10 months after Dishean's birth. The fact that plaintiffs sought legal counsel that led to the request of this report is strongly indicative of constructive knowledge of a claim sufficient to start the running of prescription. It was the decision of plaintiffs' counsel to wait on a report from Quality Care to file this suit without first filing for a medical review panel that was in error. It was also plaintiffs' counsel who, when he did file for a medical review panel, failed to timely pay the requisite fee.
Given the nature of the injuries alleged, plaintiffs had facts strongly suggestive of improper treatment immediately following the birth of Dishean. Consequently the trial court's determination that the one year prescriptive period began to run from November 12, 2002, is not in error.
CONCLUSION
Based on the foregoing, we affirm the judgment of the trial court finding that plaintiffs' claims have prescribed. Costs assessed to the appellant.
AFFIRMED.
|