Opinion
NO. 2015 CW 1947
04-05-2016
RAYMOND A. CRAWFORD AND ALICE CRAWFORD v. WILLIAM KARL ORDOYNE, JR., M.D. AND LALLIE KEMP REGIONAL MEDICAL CENTER, THROUGH THE STATE OF LOUISIANA, LSU HEALTH CARE SERVICE DIVISION
In Re: State of Louisiana through William Karl Ordoyne, Jr., M.D. and Lallie Kemp Regional Medical Center, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 2015-0001050. BEFORE: McDONALD, HIGGINBOTHAM AND THERIOT, JJ.
WRIT GRANTED IN PART; WRIT DENIED IN PART. The allegations of negligence asserted in Paragraphs 21(a) and 21(c) of the petition, if proven, would constitute a claim of medical malpractice requiring a state medical review panel. La. R.S. 40:1237.2(B)(1)(a)(i). Likewise, the allegations in Paragraphs 7, 8, 14, 20(a) and 20(b) concerning the plaintiffs' lack of informed consent for the June 13, 2012 surgical procedure, if proven, would constitute a claim under La. R.S. 40:1157.1 of the Uniform Consent Law, requiring a state medical review panel. The defendants, William Karl Ordoyne, Jr., M.D. and Lallie Kemp Regional Medical Center, have met their burden of proving that these claims were not included in the plaintiffs' April 23, 2013 filing with the Division of Administration that requested review by a medical review panel. Accordingly, the writ is granted in part and the portion of the November 17, 2015 judgment that denied the defendants' exceptions of prematurity is reversed. Defendants' exceptions of prematurity are hereby granted and the allegations in Paragraphs 21(a), 21(c), 7, 8, 14, 20(a) and 20(b) of the petition are dismissed without prejudice. In all other respects the writ is denied.
JMM
TMH
MRT
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT