Opinion
NO. 2020 CW 0727
10-21-2020
JANE DOE, INDIVIDUALLY AND JOHN DOE, INDIVIDUALLY AND AS NATURAL TUTOR FOR THE MINOR CHILD J.D. v. WALT DISNEY PARKS AND RESORT, US, INC., WALT DISNEY TRAVEL CO., INC., WICKER, SMITH, O'HARA, MCCOY & FORD, P.A., JONES WALKER, LLP, AND STEVEN D. FELIX
In Re: Steven D. Felix, M.D., applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 688984. BEFORE: HIGGINBOTHAM, THERIOT, HOLDRIDGE, LANIER, AND WOLFE, JJ.
WRIT GRANTED. After a de novo review, we find the action brought against Dr. Felix in the Nineteenth Judicial District court is premature as it was filed prior to being submitted to and determined by a medical review panel. La. R.S. 40:1231.8(B)(1)(a)(i). Looking to the allegations found in the petition, we find the allegations against Dr. Felix are claims for lack of consent and dereliction of professional skill during treatment, which are allegations that fall within the Medical Malpractice Act. Lugenbuhl v. Dowling, 96-1575 (La. 10/10/97), 701 So.2d 447, 453. See also Wilson v. Landry ex rel., 98-2365 (La. App. 1st Cir. 12/28/99), 748 So.2d 655, writ denied sub nom., Wilson ex rel. T.W. v. Landry, 2000-0260 (La. 3/24/00), 758 So.2d 155; La. R.S. 40:1157.1. Therefore, this writ is granted, the July 27, 2020 judgment denying Dr. Felix's exception of prematurity is reversed, the exception of prematurity filed by Steven D. Felix, M.D. is sustained, and the claims against him filed by the Does are dismissed without prejudice.
TMH
MRT
GH
WIL
Wolfe, J., dissents and would deny the writ. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT