Conerly v. State

714 So. 2d 709
Supreme Court of Louisiana·Decided July 8, 1998·No. 97-C-0871·Published·Cited by 44 cases

Opinion

714 So.2d 709 (1998)

Timothy CONERLY, et al.
v.
STATE of Louisiana, et al.

No. 97-C-0871.

Supreme Court of Louisiana.

July 8, 1998.

Gordon L. James, Hudson, Potts & Bernstein, Monroe, John Elliott Baker, Baton Rouge, Charles T. Williams, Jr., New Orleans, Blue Williams, Metairie, for Applicant.

Allan L. Placke, Johnson & Placke, West Monroe, for Respondent.

KIMBALL, Justice.[*]

We granted the State's writ solely to address the legal question of whether multiple $500,000 caps are allowed under La. R.S. 40:1299.39 for wrongful death and survival action claims arising in the context of a medical malpractice action. After considering the language of the statute, the legislature's purpose in enacting the Malpractice Liability for State Services Act, and the history of La. R.S. 40:1299.39, we conclude La. R.S. 40:1299.39 does not allow separate caps for wrongful death and survival action claims.

FACTS AND PROCEDURAL HISTORY

In this medical malpractice action, plaintiffs, Timothy Conerly and Claudia Conerly, seek damages for injuries, including severe brain damage and kidney failure, sustained by their infant daughter during and immediately prior to her birth on January 23, 1985, at E.A. Conway Hospital, a hospital owned and operated by the state. These injuries resulted in the child's death the day before her fifth birthday, and the petition was amended to allege a survival action and add wrongful death claims by her parents.

Subsequent to a bench trial, the trial court held the negligence of the hospital's employees was a substantial factor in causing the child's catastrophic injuries. In a second phase of the trial, the court held La. R.S. 40:1299.39 was constitutional and its limitation of liability provision applied to the claims presented in this case. Although believing the total amount of all general damages *710 would be capped at $500,000, the court awarded damages to plaintiffs in the following amounts for purposes of appellate review: for the survival action of the child, $2,500,000; for wrongful death, pain and suffering, loss of companionship and consortium of Mrs. Conerly, $400,000; and for wrongful death, pain and suffering, loss of companionship and consortium of Mr. Conerly, $100,000.[1] Pursuant to the statutory cap for medical malpractice damages found in La. R.S. 40:1299.39, the trial court proportionately reduced the total amount of these damages to $500,000.

On appeal, the second circuit affirmed the trial court's judgment on the issues of negligence, causation, and assessment of damages, but found that the cap applicable to the survival claim should be separate from the parents' wrongful death claims. Conerly v. State, 29,236 (La.App. 2 Cir. 3/3/97), 690 So.2d 980. Thus, plaintiffs were awarded $500,000 for the survival action, $400,000 for Mrs. Conerly's wrongful death claim, and $100,000 for Mr. Conerly's wrongful death claim.

Both plaintiffs and defendants appealed the second circuit's decision to this court. Plaintiffs' application for writ of certiorari was denied. 97-0804 (La.3/13/98), 712 So.2d 864. Defendants' application for writ of certiorari was granted solely for the purpose of addressing the legal issue of whether multiple medical malpractice caps are allowed under La. R.S. 40:1299.39 for wrongful death and survival action claims. 97-0871 (La.3/13/98), 712 So.2d 859.[2] With respect to this issue, defendants argue the limitation of liability provided in the Malpractice Liability for State Services Act (MLSSA) clearly limits the recovery of damages in survival and wrongful death actions based on the malpractice of state physicians or other health care personnel to $500,000 plus medical expenses, interest and costs. Alternatively, the State argues that even if the statute is ambiguous, when it is considered with the intent of the Act as a whole and with similar limitations of liability, the correct interpretation of La. R.S. 40:1299.39 is that the recovery of all plaintiffs in this case must be limited to the extent of a single cap.

LAW

Wrongful death actions, as well as survival actions, are governed and procedurally controlled by the provisions of the MLSSA. See Taylor v. Giddens, 618 So.2d 834, 841 (La.1993) (holding similarly with respect to the Medical Malpractice Act applicable to private health care providers). This court has noted that because the MLSSA limits the liability of certain health care providers in derogation of the general rights of tort victims, any ambiguities in the Act should be strictly construed against coverage. Ruiz v. Oniate, 97-2412, p. 4 (La.5/19/98), 713 So.2d 442; Kelty v. Brumfield, 93-1142, p. 9 (La.2/25/94), 633 So.2d 1210, 1216; Hutchinson v. Patel, 93-2156, p. 5 (La.5/23/94), 637 So.2d 415, 420 (holding similarly with respect to the private medical malpractice provisions). See also Branch v. Willis-Knighton Med. Ctr., 92-3086, p. 14 (La.4/28/94), 636 So.2d 211, 217; Rodriguez v. Louisiana Med. Mut. Ins. Co., 618 So.2d 390, 394 (La.1993); Galloway v. Baton Rouge Gen. Hosp., 602 So.2d 1003, 1005 (La.1992); Sewell v. Doctors Hosp., 600 So.2d 577, 578 (La.1992). On the other hand, legislation is a solemn expression of legislative will, and therefore, interpretation of a law involves primarily the search for the legislature's intent. La. C.C. art. 1; Ruiz, 97-2412 at p. 4, 713 So.2d at 444; Hutchinson, 93-2156 at p. 5, 637 So.2d at 420; Touchard v. Williams, 617 So.2d 885, 888 (La.1993); Backhus v. Transit Cas. Co., 549 So.2d 283, 289 (La. 1989); Keelen v. State, Dept. of Culture, Recreation, and Tourism, 463 So.2d 1287, 1289 (La.1985). Hence, when a law is clear and unambiguous and its application does not lead to absurd consequences, the law shall be applied as written, and no further interpretation may be made in search of the intent of the legislature. La. C.C. art. 9; Ruiz, 97-2412 *711 at p. 4, 713 So.2d at 444; Hutchinson, 93-2156 at p. 5, 637 So.2d at 420. When the language of the law is susceptible of different meanings, however, it must be interpreted as having the meaning that best conforms to the purpose of the law, and the meaning of ambiguous words must be sought by examining the context in which they occur and the text of the law as a whole. La. C.C. arts. 10 and 12; Ruiz, 97-2412 at p. 4, 713 So.2d at 444; Hutchinson, 93-2156 at p. 5, 637 So.2d at 420. Additionally, laws on the same subject matter must be interpreted in reference to each other. La. C.C. art. 13; Ruiz, 97-2412 at p. 5, 713 So.2d at 445; Hutchinson, 93-2156 at p. 6, 637 So.2d at 420. If application of the foregoing rules of interpretation fails to illuminate definitively the legislature's intent, only then should the rule of strict construction apply to the interpretation of laws in derogation of common rights such as the MLSSA. Ruiz, 97-2412 at p. 5, 713 So.2d at 445. See also Hutchinson, 93-2156 at p. 6, 637 So.2d at 421.

DISCUSSION

Because wrongful death actions are governed by the provisions of the MLSSA, the language relevant to the issue presented in this case is as follows:

B. Limitation of liability. Notwithstanding any other provision of the law to the contrary, no judgment shall be rendered and no settlement or compromise shall be entered into for the injury or death of any patient in any action or claim for an alleged act of malpractice in excess of five hundred thousand dollars plus interest and costs, exclusive of future med

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