Joan S. Ureta, as the surviving spouse of the Jerry J. Ureta, and Jerry Ureta, Jr., MaryKay Fontana, William Ureta, and Teri Ramon, as the surviving children of the Jerry J. Ureta v. John C. Simon, M.D., Brian P. Guidry, M.D., and Lakeview Regional Medical Center

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

JOAN S. URETA, AS THE NO. 2019 CW 1456 SURVIVING SPOUSE OF THE DECEASED, JERRY J. URETA, AND JERRY URETA, JR.,

MARYKAY FONTANA, WILLIAM URETA, AND TERI RAMON, AS THE SURVIVING CHILDREN OF THE DECEASED, JERRY J. URETA

VERSUS

JOHN C. SIMON, M. D., BRIAN P. GUIDRY, M. D., AND LAKEVIEW REGIONAL MEDICAL JANUARY 28, 2020 CENTER

In Re: John C. Simon, M. D., applying for supervisory writs,

22nd Judicial District Court, Parish of St. Tammany, No. 2014- 15060.

BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT DENIED ON THE SHOWING MADE.

PMc GH

Welch, J., dissents and would grant the writ. The plain

language of the Medical Malpractice Act provides a request for review of a malpractice claim shall contain the names of the claimants. See La. R. S. 40: 1231. 8( A)( 1)( b)( iii) (formerly La. R. S. 40: 1299. 47( A) ( 1) ( b) ( iii)). See also Parks v. Louisiana Guest House, 2013- 2121, 2013- 2122 ( La. App. 1st Cir. 9/ 30/ 14), 155 So. 3d 609, 613, writ denied, 2014- 2281 ( La. 1/ 16/ 15), 157 So. 3d 1131 ("[ t] he filing of a request for review of a

malpractice claim shall suspend the time within which suit must be instituted... until following ninety days notification by certified mail,... to the claimnt or his attorney of the issuance of the opinion by the medical review panel. This language clearly indicates that only the person or persons who actually presented a ` claim' for review are entitled to the suspension of prescription...."). I would dismiss plaintiffs` claims as

prescribed.

DEPUTY CLERK OF COURT FOR THE COURT