 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Bailey v. Khoury1/20/2005
edical malpractice. In her petition, Ms. Bailey made the following allegations relative to damages:
That petitioner contends she is entitled to damages which would compensate the minor child and her for the severe disabling injuries received as well as any and all medical expenses incurred, either in the past, present and/or future; mental and physical anguish endured, past, present and future; loss of quality of life; as well as, loss of possibility of earning potential and income, past present and future; and permanent disability of the minor child. Additionally, claimant is entitled to damages for any resulting disabilities on behalf of the minor child and for any other damages to which she and the minor child may be entitled under the jurisprudence of the State of Louisiana.
Two days later, on March 19, 1999, Ms. Bailey filed her first amending and supplemental petition, naming Walgreens and Eckerd as tort defendants, alleging that they were solidarily liable with the medical malpractice defendants named in her original petition.
Dr. Ancira filed an exception of prematurity based on the provisions of La. Rev. Stat. 40:1299.47(B)(1)(a), which requires that medical malpractice actions be presented to a medical review panel prior to the filing of suit. Dr. Ancira was subsequently dismissed by consent of the parties. Dr. Khoury was also dismissed without prejudice on Ms. Bailey's motion. Ms. Bailey later filed a Petition to Institute Discovery in the medical review panel proceeding.
Walgreens filed a peremptory exception of prescription, arguing that the one-year prescriptive period on the tort claims filed by Ms. Bailey, individually and on behalf of Jada, commenced when the ultrasound confirmed the suspected birth defects and Ms. Bailey was informed of those defects, on or shortly after October 28, 1997 (some six months before Jada was born). Eckerd later filed a motion for summary judgment, seeking dismissal of Ms. Bailey's claims on the basis of prescription.
Dr. Khoury filed an exception of prescription in the medical review panel discovery suit, citing the provisions of La. Rev. Stat. 40:1299.47(B)(2)(a), which allow a qualified health-care provider to raise such an exception during the pendency of the medical review panel proceeding. Dr. Ancira and Jo Ellen Psychiatric Center filed similar exceptions.
The two district court judges to whom the proceedings were assigned denied the exceptions of prescription. Defendants filed applications for supervisory writs in the court of appeal. A three-judge panel of the court of appeal initially reversed the district courts' denial of defendants' peremptory exceptions of prescription, granted the exceptions, and dismissed Ms. Bailey's lawsuits, with one judge dissenting. Bailey v. Khoury, 02-0049 (La. App. 4 Cir. 8/28/02), 840 So. 2d 582. Because that judgment was signed by only two court of appeal judges, rather than three, as mandated by La. Const. art. V, ยง8(b) when a court of appeal panel reverses a district court judgment, this court granted Ms. Bailey's writ application, vacated the court of appeal decision, and remanded the case to the court of appeal for reargument before a five-judge panel. Bailey v. Khoury, 03-0165 (La. 4/4/03), 845 So. 2d 1037. A five-judge panel of the court of appeal then disposed of the matter, "Writs denied, judgments affirmed," and coupled that disposition with an opinion authored by Judge McKay, affirming the district courts' denials of the defendants' exceptions of prescription. Bailey v. Khoury, 02-0049 (La. App. 4 Cir. 2/18/04), 868 So. 2d 821 (on remand). Thereafter, this court granted and consolidated defendants' applications for supervisory writs. Bailey v. K
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|