Opinion
2023 CW 0554
09-08-2023
ASHLEY MOSS AND PAMELA REEVES- -MOSS v. DONALD A. BALDER, MD, ET AL
In Re: Lake Surgical Hospital Slidell, LLC d/b/a Our Lady of the Lake Surgical Hospital and LAMMICO Risk Retention Group, Inc., applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 726534.
BEFORE: HOLDRIDGE, CHUTZ, LANIER, MILLER, AND GREENE, JJ.
WRIT DENIED.
WIL
SMM
HG
Holdridge and Chutz, JJ., dissent in part and concur in part. The petition appears to be prescribed on its face, thus, the plaintiffs have the burden of proving the action for negligent credentialing has not prescribed, which they failed to do. Accordingly, as to the peremptory exception raising the objection of prescription filed by the defendants, Lake Surgical Hospital Slidell, LLC d/b/a Our Lady of the Lake Surgical Hospital and LAMMICO Risk Retention Group, Inc., we would grant the exception and dismiss the plaintiffs' negligent credentialing claims. Further, we would remand this matter to the district court with instructions to allow the plaintiffs, Ashley Moss and Pamela Reeves-Moss, the opportunity to amend their petition to remove the grounds of the objection, if possible, within a delay deemed reasonable by the district court. See La. Code Civ. P. art. 934. In all other respects, we agree this writ application should be denied.