Perritt v. Dona

827 So. 2d 1222, 2002 WL 31097516
CourtLouisiana Court of Appeal
DecidedSeptember 20, 2002
DocketNos. 35,628-CW, 35,724-CW, 35,841-CW
StatusPublished
Cited by3 cases

This text of 827 So. 2d 1222 (Perritt v. Dona) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Perritt v. Dona, 827 So. 2d 1222, 2002 WL 31097516 (La. Ct. App. 2002).

Opinions

h CARAWAY, J.

These three cases concern the sufficiency of the statement of plaintiffs claim before the medical review panel in a malpractice action. They have been consolidated for our review by remand from the Louisiana Supreme Court. Arnold v. Dona, 01-3073 (La.3/15/02), 812 So.2d 623; Perritt v. Dona, 01-3175 (La.3/15/02), 812 So.2d 624; and Richmond v. Brown, 2002-0241 (La.3/15/02), 812 So.2d 624. Two of the three cases involve the defendants’ use of written interrogatories for discovery which this court, in its initial supervisory rulings, found improper. We reaffirm those rulings and our initial supervisory ruling in the third case for the following reasons.

Facts and Procedural History

The three separate actions in this consolidated appeal were all instituted as proceedings in the district court incidental to pending medical review panel inquiries under the Medical Malpractice Act (“MMA”). La. R.S. 40:1299.41, et seq. The procedural contexts of the actions as instituted by the defendant/health care providers were not uniform; the rulings by the separate district judges conflicted; and separate panels of this court initially reviewed those rulings upon the parties’ applications for supervisory review. Nevertheless, the issue which was common in all actions concerns the sufficiency of the statement of the material facts of plaintiffs demand which is necessary for the presentation of a claim to the medical review panel.

| gIn Harold Ross Perritt, et ux. v. Grant Dona, M.D. (hereinafter Perritt), the health care provider filed a pleading entitled “Motion to Compel” to require the plaintiffs to provide a more detailed description of the alleged malpractice by amendment of plaintiffs letter to the Patients’ Compensation Fund (“PCF”) and the Commissioner of Administration. Such a letter commences the procedure for the formation of the medical review panel. La. R.S. 40:1299.47(A); Holmes v. Lee, 35,021 (La.App.2d Cir.9/28/01), 795 So.2d 1232. The PCF letter was filed in the record and its caption and description of plaintiffs’ claim provide, in pertinent part, as follows:

RE: * * *
Defendant:
Grant Dona, M.D.
Dates of Treatment: February 29, 2000 through March 15, 2000
Dates of Malpractice: Beginning February 29, 2000
Rowland A. Torres, M.D.
[1225]*1225Dates of Treatment: March 15, 2000 — May 4, 2000 ■
Dates of Malpractice: Beginning March 15, 2000
St. Francis Medical Center
Dates of Treatment: Beginning March 13, 2000
Dates of Malpractice: Beginning March 13, 2000
Healthsouth Rehabilitation Hospital Dates of Treatment: March 29, 2000 — May 5, 2000
Dates of Malpractice: Beginning March 29, 2000
Dear Mr. Drennen and Mrs. Jackson:
This letter shall confirm that we have been retained by the above referenced claimants with regard to a medical negligence claim against the defendants listed above arising out of the care and treatment provided to Harold Ross Per-ritt beginning on the dates indicated hereinabove. Based upon the medical information provided to date, claimants allege that the defendants deviated from the applicable standard of appropriate 13medical care regarding the care and treatment which they provided to Harold Ross Perritt.
* * *

Following a contradictory hearing, the trial court in Perritt ruled that the PCF letter “does not contain a recitation of facts or allegations (surrounding the alleged malpractice) sufficient enough to afford defendants proper ‘notice.’ “ The court ordered plaintiffs to amend the PCF letter. Thereafter, the plaintiffs’ application to this court for supervisory review of the ruling was denied.

In Roger Arnold, M.D., et ux. v. Grant A. Dona, M.D. (hereinafter Arnold), the health care provider instituted the action with a “Petition to Compel Discovery Responses.” The petition alleged that the plaintiffs had instituted a medical review panel proceeding which remains pending. The petition sought to compel a response to the following interrogatory (hereinafter “Interrogatory No. 1”), which had previously been propounded to plaintiffs:

Please state each and every respect in which you contend Dr. Grant Dona breached the standards of care applicable to him in connection with your care, being specific as to what it is you claim he did that she (sic) should have done, or did not do that she (sic) should have done.

The Arnolds had given a limited answer to the interrogatory, stating that Dr. Arnold “suffers from osteomyelitis which plaintiff believes was caused, or substantially contributed to, by substandard care on the part of Dr. Dona.” The Arnolds responded to Dr. Dona’s action with a motion for a protective order.

|4A contradictory hearing was held in Arnold. The Arnolds’ letter to the PCF instituting the medical review panel proceeding was not introduced into evidence. The trial court later issued a written opinion denying Dr. Dona’s petition and issuing the protective order requested by the Ar-nolds. Dr. Dona’s application for supervisory review to this court was denied.

In Ella Richmond v. Douglas C. Brown, M.D. (hereinafter Richmond), the opposing parties were represented by the same counsel as in Arnold, and the proceedings in district court conducted in a like manner. The same interrogatory as quoted above (Interrogatory No. 1) was posed to Ms. Richmond concerning Dr. Brown’s negligent actions. She answered that she is not an expert regarding the applicable medical standard and that “all that plaintiff knows is that she suffered harm or complications which she simply did not feel should have occurred under the circumstances .... ” In addition, Ms. Richmond refused to answer the following interrogatory (Interrogatory No. 2):

[1226]*1226Please state, with respect to each of the allegations of substandard care made in your answers to Interrogatory No. 1, what it is that you claim the standard of care applicable to Dr. Brown requires, and your basis for so defining the standard of care.

Finally, Ms. Richmond refused to answer another interrogatory (Interrogatory No. 4) requesting her to identify the physical harm she suffered.

Following a contradictory hearing, where no evidence of the plaintiffs PCF letter was introduced, the trial court granted Dr. Brown’s petition to compel and ordered Ms. Richmond to “allege all ... grounds of | ¡^malpractice.” The trial court’s oral ruling did not specifically address Interrogatory No. 2 or Interrogatory No. 4, and no written judgment was rendered. Upon Ms. Richmond’s application for supervisory review, we granted her relief reversing the trial court’s ruling.

The three parties aggrieved by our supervisory review rulings then sought supervisory review from the Louisiana Supreme Court.

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Related

Booker v. Byrd
968 So. 2d 814 (Louisiana Court of Appeal, 2007)
Gelè v. Binder
904 So. 2d 836 (Louisiana Court of Appeal, 2005)
Perritt v. Dona
849 So. 2d 56 (Supreme Court of Louisiana, 2003)

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Bluebook (online)
827 So. 2d 1222, 2002 WL 31097516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perritt-v-dona-lactapp-2002.