Chaney v. STATE, THROUGH DEPT. OF HEALTH, ETC.Chaney v. STATE, THROUGH DEPT. OF HEALTH, ETC.
Plaintiffs appealed from the judgment of the trial court dismissing their medical malpractice suit on a peremptory exception of prescription.
The sole issue is the peremption of plaintiffs’ cause of action under
Plaintiff, Belinda Dyson Chaney, received an appendectomy at Lallie Kemp Charity Hospital on June 20, 1977. She was released two days later. Repeated efforts to
The exception was tried on the face of the pleadings. The trial judge maintained the exception and dismissed the suit.
The prescriptive period for a medical malpractice action is found in
“A. No action for damages for injury or death against any physician, chiropractor, dentist, or hospital duly licensed under the laws of this state, whether based upon tort, or breach of contract, or otherwise, arising out of patient care shall be brought unless filed within one year from the date of the alleged act, omission or neglect, or within one year from the date of discovery of the alleged act, omission or neglect; provided, however, that even as to claims filed within one year from the date of such discovery, in all events such claims must be filed at the latest within a period of three years from the date of alleged act, omission or neglect.” (Emphasis added.)
The alleged acts of malpractice occurred on or about June 20, 1977. Plaintiffs filed suit more than three years thereafter. In an effort to avert the dismissal of their suit, plaintiffs invoked the doctrine of contra non valentem agere nulla currit praescriptio. However, the statute is explicit and has no latitude for the application of the maxim. Plaintiffs’ cause of action is perempted.
For the above reasons, the judgment of the trial court is affirmed at appellants’ costs.
AFFIRMED.