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Taylor v. Clement3/9/2005
QUESTION CERTIFIED TO THE LOUISIANA SUPREME COURT.
Cooks, J., dissents and assigns written reasons.
Plaintiffs, Charles and Sharon Taylor, appeal a judgment of the trial court denying their motion for summary judgment seeking to have the limitations on recovery for damages imposed by the Louisiana Medical Malpractice Act, La.R.S. 40:1299.41, et seq., declared unconstitutional and granting the motion for summary judgment filed by defendant, the Louisiana Patient's Compensation Fund, upholding the constitutionality of the limitation on recovery or "cap" provisions of the act.
FACTS
The procedural history of the case was set out by the trial judge in his written reasons for judgment as follows:
On June 22, 2001 following a trial on the merits there was a Judgment in favor of MR. and MRS. TAYLOR awarding damages in excess of the statutory limits on liability found in L.R.S. 40:1299.42. On April 23, 2003 the TAYLORS and the LOUISIANA PATIENT COMPENSATION FUND (THE FUND) entered into a partial discharge in satisfaction of said Judgment with the TAYLORS reserving their rights to challenge the constitutionality of The Act. Throughout these proceedings, the TAYLORS have reserved their right to contest the constitutionally of the limits of liability set forth in The Act or applicability to these facts.
Those issues were fixed for trial in this Court on November 24, 2003. THE FUND intervened in this action September 23, 2003. On August 21,2003 the TAYLORS filed a Second Supplemental and Amending Petition amending the previously filed petition to more specifically set out the constitutional grounds on which "the cap" on recovery was challenged. Subsequently, a Third Supplemental and Amending Petition was filed on October 6, 2003 to spell out with more specificity the constitutional grounds on which "the cap" on recovery was challenged.
The limitation of liability or "cap" is found in La.R.S. 40:1299.42(B), which states:
(1) The total amount recoverable for all malpractice claims for injuries to or death of a patient, exclusive of future medical care and related benefits as provided in R.S. 40:1299.43, shall not exceed five hundred thousand dollars plus interest and cost.
(2) A health care provider qualified under this Part is not liable for an amount in excess of one hundred thousand dollars plus interest thereon accruing after April 1, 1991, for all malpractice claims because of injuries to or death of any one patient.
(3)(a) Any amount due from a judgment or settlement or from a final award in an arbitration proceeding which is in excess of the total liability of all liable health care providers, as provided in Paragraph (2) of this Subsection, shall be paid from the patient's compensation fund pursuant to the provisions of R.S. 40:1299.44(C).
(b) The total amounts paid in accordance with Paragraphs (2) and
(3) of this Subsection shall not exceed the limitation as provided in Paragraph (1) of this Subsection.
After considering the issues raised by plaintiffs, the counter-arguments of defendants, the law and jurisprudence, the trial judge upheld the constitutionality of "the cap" and issued judgment accordingly. This appeal followed.
LAW AND DISCUSSION
The Louisiana Constitution, Article V, Section 11 states: "A court of appeal may certify any question of law before it to the supreme court, and the supreme court then may give its binding instruction or decide the case upon the whole record."
Additionally, La.R.S. 13:4449 provides the following:
In any case pending before the courts of ap
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