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Quinney v. Summit of Alexandria6/1/2005
Court composed of John D. Saunders, Oswald A. Decuir, and Marc T. Amy, Judges.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
The plaintiff brought suit alleging, among other claims, violations of the Nursing Home Residents Bill of Rights by the defendant nursing home and nursing home operator. The plaintiff alleged that the nursing home failed to keep his father, a resident, and his bed linens clean of bodily waste. The district court granted the defendants' exception of prematurity, requiring that the claims be brought before a Medical Review Panel along with the defendants' medical malpractice claims. For the following reasons, we affirm in part, reverse in part, and remand for further proceedings.
Factual and Procedural Background
Richard Quinney brought suit individually and on behalf of the estate of his father, Edward Quinney, for damages he alleges that his father sustained while he was a resident at a nursing home, The Summit of Alexandria, d/b/a The Summit Retirement Center, Inc. ("The Summit"). In his original petition, Mr. Quinney alleges that his father entered The Summit on August 15, 2003. The record demonstrates that Edward Quinney was "bed-bound and unable to move himself" as well as incontinent of bladder and of bowel. Richard Quinney alleges in his amended petition that The Summit was "chronically understaffed" and unable to meet the basic life needs of the residents. Specifically, the plaintiff alleges that Edward Quinney was not turned and repositioned often enough to prevent the formation of pressure sores, was not provided with sufficient fluids or food to prevent dehydration or malnutrition, and was not cleaned after each incontinent episode so as to prevent urine and fecal contact with his skin for an extended period of time.
In his amended petition, Richard Quinney asserted multiple claims against Affiliated Nursing Homes ("Affiliated") and The Summit. He alleged violations of the Nursing Home Residents' Bill of Rights ("NHRBR") as set forth in La.R.S. 40:2010.8. Mr. Quinney also asserted a negligence claim, which was "separate and distinct from the medical malpractice claim[,]" for inadequate custodial care provided to Edward Quinney after August 15, 2003. Relating specifically to Affiliated, Mr. Quinney asserted negligence claims relating to corporate negligence and/or misconduct as well as a medical malpractice claim.
The defendants filed a dilatory exception of prematurity, stating that a plain reading demonstrates that the conduct alleged by the plaintiff would be considered malpractice under the Louisiana Medical Malpractice Act ("MMA"). In their memorandum in support of the prematurity exception, the defendants reviewed the MMA's requirement that all medical malpractice actions brought against "qualified health care providers" be submitted to a medical review panel prior to the filing of a suit in district court. See La.R.S. 40:1299.41; La.R.S. 40:1299.47. The defendants further averred that The Summit became a qualified health provider with the Louisiana Patient's Compensation Fund on November 29, 2003. Consequently, the defendants argued that any of the plaintiff's allegations occurring on or after November 30, 2003 should be dismissed as premature.
Following a hearing, the district court granted the defendants' exception with regard to the plaintiff's claims against The Summit for allegations which occurred on or after November 29, 2003. However, the exception was denied for any allegations which occurred prior to November 29, 2003 and for all allegations against Affiliated. The plaintiff now appeals the granting of the exception, arguing that the alleged acts and omissions constitute
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