155 So. 3d 560
La. Ct. App.2013Background
- Plaintiffs Pete and Jane Delahoussaye filed a medical malpractice petition on August 11, 2006 against Tulane Hospital and Clinic and the Administrators of the Tulane Educational Fund for alleged negligence in the wake of Hurricane Katrina.
- Plaintiffs simultaneously requested a Medical Review Panel (MRP) against Tulane Hospital only.
- Trial court granted prematurity defenses for all but one allegation; fourteen claims were deemed within the MRP framework and four were found outside it and could proceed without MRPs.
- MRP found no breach by Tulane Hospital on the fourteen medical malpractice allegations; the plaintiffs later filed a second petition adding two new allegations against both defendants.
- Administrators argued prescription applied to the fourteen MRPlisted allegations and the two new allegations; Tulane Hospital raised prematurity for the two new allegations; plaintiffs dismissed without prejudice all but the four outside the MRP scope.
- Trial court granted a prescription exception on February 27, 2012 dismissing all claims against Administrators except the four non-MRP-aligned allegations; plaintiffs appealed the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the February 27, 2012 judgment appealable? | Appealable as to the Administrators for partial dismissal. | Partial judgments are not final without designation; no designation here. | No; not an appealable final judgment. |
| May the appeal be reviewed via supervisory writ? | Should be reviewed on an expedited basis to protect rights. | Supervisory writs are discretionary and applicable only under certain conditions. | Not appropriate; no compelling circumstances warrant conversion to a supervisory writ. |
Key Cases Cited
- Reed v. Finklestein, 807 So.2d 1032 (La.App. 4 Cir. 2002) (court may convert interlocutory appeal to supervisory writ in limited circumstances)
- Lalla v. Calamar, N.V., 5 So.3d 927 (La.App. 4 Cir. 2009) (allows supervisory review in certain interlocutory contexts)
- Favrot v. Favrot, 68 So.3d 1099 (La.App. 4 Cir. 2011) (illustrates court’s discretion to convert appeals to supervisory writs under Rule 4-3)
- Gieck v. Tenet Healthcare Corp., 976 So.2d 767 (La.App. 4 Cir. 2008) (discusses timing and procedure for interlocutory review)
- Fraternal Order of Police v. City of New Orleans, 831 So.2d 897 (La. 2002) (partial judgments and finality principles in Louisiana)