Maestri v. Pazos, 171 So. 3d 369

Dorothy Reynolds was admitted to Oceans Behavioral Hospital on August 3, 2012; at admission she had no decubitus ulcers.
On August 9, 2012, Pazos noted sacral redness, applied Bou-dreaux’s butt paste, and allegedly failed to notify treating physicians or modify care.
The decubitus ulcer deteriorated; Reynolds was transferred to East Jefferson General Hospital on August 15, 2012; the ulcer contributed to her death on October 24, 2012.
The Louisiana Patients Compensation Fund (PCF) complaint was filed October 16, 2013, naming Oceans, Dr. Parikh, and Pazos; the PCF later notified that Pazos was not a qualified provider under LMMA.
A February 20, 2014 wrongful-death/survival petition was filed in Jefferson Parish; Oceans and Parikh were covered, Pazos was not; the petition was challenged as time-barred by prescription.
The trial court sustained the exception of prescription on September 4, 2014; the trial court denied amendment to salvaged claims; the appeal followed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether PCF filing suspends prescription for all joint tortfeasors.	Maestri contends the PCF filing suspended against all joint tortfeasors under La. R.S. 40:1299.47(A)(2)(a).	Pazos argues only the nonqualified provider is subject to suspension and the filing against Pazos is untimely.	No; suspension applies to all joint tortfeasors only as to same extent; Pazos remains untimely.
Whether amendment salvages the prescription defense or the action.	Maestri asserts amendment should relate back to timely PCF filing.	Pazos contends amendment cannot salvage a time-barred claim under Article 934.	The amendment cannot save the claim; dismissal affirmed.

Milbert v. Answering Bureau, Inc., 120 So.3d 678 (La. 2013) (nonqualified provider may be joint tortfeasor; second sentence governs suspension of prescription)
Hardy v. Blood Systems, 794 So.2d 13 (La. 2001) (guides application of LMMA provisions to health care providers)