Jamal Wright v. Touro Infirmary
324 So.3d 699
La. Ct. App.2021Background
- Janaya Wright was born Oct. 31, 2014; her mother, Nicole Phillips, became comatose the next day and died June 4, 2016.
- Phillips was interdicted Jan. 22, 2015; her parents (the Grandparents) were appointed curator and undercurator.
- An initial request for a medical review panel (MRP) was filed Oct. 7, 2015 naming Phillips; an amended MRP was filed Oct. 15, 2015 substituting the Grandparents as claimants in their curator/undercurator capacities.
- A second amended MRP (Feb. 7, 2017) noted Phillips' June 4, 2016 death and that the Grandparents had legal custody of Janaya.
- Mr. Wright (Janaya’s domiciliary parent) sought substitution for Janaya as claimant Dec. 11, 2017; Relators (Touro Infirmary and an R.N.) re-urged a prescription exception after the Louisiana Supreme Court's decision in Guffey.
- The trial court denied the re-urged exception; this writ grants relief in part — wrongful death claim dismissed for prescription, survival claim preserved.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the Grandparents' Feb. 7, 2017 MRP filing interrupt prescription for the wrongful death claim? | Wright: the MRP was filed within one year of death and suspended prescription. | Relators: Grandparents lacked a right of action; under Guffey their filing could not interrupt prescription. | Court: Grandparents were not proper "claimants" for wrongful death under Guffey; wrongful death claim is prescribed. |
| Is the survival action preserved by the timely MRP filed on Phillips' behalf before her death and by substitution for Janaya? | Wright: Phillips timely filed an MRP before death; Janaya's substitution preserved the survival claim. | Relators: argued prescription should bar claims asserted by Wright for Janaya. | Court: Survival claim was timely (action was pending before death and substitution was timely); exception denied as to survival. |
| Does the term "claimant" under the Medical Malpractice Act include only persons with a right of action? | Wright: (implicitly) the Grandparents' MRP sufficed to suspend prescription. | Relators: Guffey limits "claimant" to those with a right of action (survivor/wrongful death standing). | Court: Followed Guffey—"claimant" is limited to those with a right of action; Grandparents' MRP did not interrupt wrongful death prescription. |
Key Cases Cited
- Guffey v. Lexington House, LLC, 283 So.3d 1001 (La. 2019) (construing "claimant" under the Medical Malpractice Act as limited to persons with a right of action for survival or wrongful death)
- Nathan v. Touro Infirmary, 512 So.2d 352 (La. 1987) (filing an MRP equates to filing suit for purposes of suspending prescription)
- Taylor v. Giddens, 618 So.2d 834 (La. 1993) (survival and wrongful death claims are distinct; wrongful death governed by C.C. art. 3492)
- Med. Review Complaint by Downing, 272 So.3d 55 (La. App. 4 Cir. 2019) (discussing MRP filing and suspension of prescription)