James B. Haywrd v. Acadian Ambulance Service, Inc.

• Court: Louisiana Court of Appeal
• Decided: July 29, 2024
• Docket: 2024CW0302
• Status: Unknown

Opinion

COURT OF APPEAL, FIRST CIRCUIT

JAMES B. HAYW[ A] RD NO. 2024 CW 0302

VERSUS

ACADIAN AMBULANCE SERVICE, JULY 29r2024 INC.

In Re: Acadian Ambulance Service, Inc., applying for

supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 738320.

BEFORE: GUIDRY, C. J., McCLENDON, WELCH, WOLFE AND MILLER, JJ.

WRIT GRANTED. The trial court' s February 29, 2024 judgment

the exception of prematurity filed by defendant, overruling Acadian Ambulance Service, Inc. (" Acadian") , is reversed. The

claims brought by plaintiff, James B. Hayward, against Acadian,

a qualified health care provider, sound in medical malpractice. See La. R. S. 40: 1231. 1 ( A) ( 13) ; Coleman v. Deno, 2001- 1517 ( La.

1/ 25/ 02), 813 So. 2d 303, 315- 16. Therefore, plaintiff was

required to seek review of his claims with a medical review

See panel prior to filing the instant suit against Acadian. Williamson v. Hosp. Serv. Dist. No. 1 of Jefferson, 2004- 0451

La. 12/ 1/ 04), 888 So. 2d 782, 785. Accordingly, Acadian' s

exception of is sustained and James B. Hayward' s prematurity claims against Acadian Ambulance Service, Inc. are dismissed

without prejudice.

PMC JEW EW

SMM

Guidry, J. , disents and would deny the writ. At the time the plaintiff was injured, he had already received medical treatment and had been transported back to his home. Therefore, I find

the defendant failed to show that the plaintiff' s claims fall under the Louisiana Medical Malpractice Act.

DEPUTY CLERK 0 COURT FOR THE CO RT