Amos v. Crouch
71 So. 3d 1053
La. Ct. App.2011Background
- Plaintiffs filed a medical malpractice complaint April 6, 2001 with the Patient’s Compensation Fund against Dr. Rebecca Crouch and LAMMICO.
- Mr. Amos was treated by Crouch beginning April 12, 1999; he last saw her January 3, 2000, and developed rectal cancer diagnosed January 11, 2000.
- Panel opinion (Feb. 3, 2003) found possible breach but deferred resolution of material issues; panel noted absence of documented recommendations for proctoscopy/colonoscopy in Amos’s records.
- Mr. Amos died May 3, 2003; wrongful death claim was added by his children after his death; the wrongful death claim was not reviewed by the medical review panel.
- On remand, defendants moved for prescription and summary judgment; trial court granted the motion removing the medical malpractice claim and the wrongful death claim; appellate reversal occurred earlier.
- Trial court upheld prescription as to the malpractice claim and dismissed the wrongful death claim; this court affirms both dispositions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prescription barred the malpractice claim | Amos had not discovered malpractice; no timely notice | Prescription began Jan. 11, 2000 when cancer diagnosed; filing date Apr. 6, 2001 timely | Prescription timely started Jan. 11, 2000; malpractice claim prescribed |
| Whether the wrongful death claim could survive without MRp review | Wrongful death tied to malpractice; facts support causation | MRP did not review wrongful death; causation not established | No genuine issue of material fact; summary judgment dismissing wrongful death affirmed |
Key Cases Cited
- Campo v. Correa, 828 So.2d 502 (La. 2002) (establishes constructive knowledge for prescription)
- Davis v. Johnson, 36 So.3d 439 (La. App. 2d Cir. 2010) (prescription knowledge standards in malpractice suits)
- Hastings v. Baton Rouge General Hospital, 498 So.2d 713 (La. 1986) (causation and substantial factor test in damages/causation)
- Smith v. State through Dept. of Health & Human Resources, 523 So.2d 815 (La. 1988) (compensable claim for loss of chance in wrongful death action)
- Samaha v. Rau, 977 So.2d 880 (La. 2008) (summary judgment standard and procedures in medical malpractice cases)
- Johnson v. Morehouse General Hospital, 63 So.3d 87 (La. 2011) (standard of care and expert proof in malpractice actions)