Robin Cleveland v. Our Lady of the Lake Hospital, Inc.

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

ROBIN CLEVELAND NO. 2021 CW 0777

VERSUS

OUR LADY OF THE LAKE NOVM4BER 0 5, 2 0 21 HOSPITAL, INC.

In Re: Our Lady of the Lake Hospital, Inc., applying for

supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 677879.

BEFORE: WHIPPLE, C. J., PENZATO AND RESTER, JJ.

WRIT GRANTED. The trial court' s July 13, 2021 judgment which denied the exception of prescription filed by Our Lady of the Lake Hospital, Inc. is reversed. Prescription commences when a plaintiff obtains actual or constructive knowledge of facts

indicating to a reasonable person that he or she is the victim

of a tort. Constructive knowledge is whatever notice is enough

to excite attention and put the injured party on guard and call for inquiry. Such notice is tantamount to knowledge or notice of everything to which a reasonable inquiry may lead. Such information or knowledge as ought to reasonably put the alleged

victim on inquiry is sufficient to start the running of

prescription. When a plaintiff has knowledge of facts strongly suggestive that the untoward condition or result may be the

result of improper treatment,by the and there is no effort

health care provider to mislead or cover up information which is available to plaintiff through inquiry or professional medical or Legal advice, then the cause of action is reasonably knowable to plaintiff. Failure to act by a plaintiff for more than one year under these circumstances is not reasonable. Request for Medical Review Panel by Wilson v. Whitfield, 2017- 1723 ( La. App. 1st Cir. 5/ 23/ 19), 277 So. 3d 370, 375- 76, writ denied, 2019- 00983 ( La. 10/ 1/ 19), 280 So. 3d 157, writ denied sub nom.,

Andrews v. Berkshire Hathaway Insurance Company, 2019- 01114 ( La. 10/ 8/ 19), 280 So. 3d 591, citing Campo v. Correa, 2001- 2707 ( La. 6/ 21/ 02), 828 So. 2d 502. In this case, plaintiff was aware of

the infection and the possible consequences no later than July 26, 2016, when she was discharged from Our Lady of the Lake Hospital. Accordingly, the filing of the claim against Our Lady of the Lake Hospital, Inc. more than one year later was

untimely. La. R. S. 9: 5628. The exception of prescription filed by Our Lady of the Lake Hospital, Inc. is granted, and

plaintiff' s claims against Our Lady of the Lake Hospital, Inc. are dismissed. VGW AHP

CHH

f

DEPUTYWCLEK FOR THE COURT