2019CW1036 Nonprecedential Writ granted Processed

Eddie Lee, as the surviving spouse of the Katie Kalisha Lee, and Bertie Weary, Sharon Weary, Sandra R. Weary, Giovanni Lee and Leon Lee, Jr., as the surviving children of the Katie Kalisha Lee v. Ravi Kanagala, MD, Marilyn E. Pelias, MD, and Lakeview Medical Center, LLC d/b/a lakeview Regional Medical Center

Louisiana Court of Appeal, First Circuit · Filed September 30, 2019

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Opinion text

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
EDDIE LEE, AS THE SURVIVING NO. 2019 CW 1036
SPOUSE OF THE DECEASED,
KATIE KALISHA LEE, AND
BERTIE WEARY, SHARON WEARY,
SANDRA WEARY, GIOVANNI LEE,
AND LEON LEE, JR., AS THE
SURVIVING CHILDREN OF THE
DECEASED, KATIE KALISHA LEE

VERSUS

RAVI KANAGALA, MD, MARILYN
E. PELIAS, MD, AND LAKEVIEW
MEDICAL CENTER, LLC D/ B/ A SEP 3 0 2019
LAKEVIEW REGIONAL MEDICAL
CENTER

In Re: Marilyn E. Pelias, M. D., applying for
supervisory
writs, 22nd Judicial District Court, Parish of St.
Tammany, No. 201315445.

BEFORE: MCDONALD, THERIOT, AND CHUTZ, JJ.

WRIT GRANTED. Claims for medical malpractice must be
brought within one year from the date of the alleged act,
omission or neglect, or within one year of
discovery of the
alleged act, omission or neglect. See La. R. S. 9: 5528. A

Prescriptive
not have
period begins to run even if the injured party does
actual knowledge of facts that would entitle him to
bring a suit, as long as he has constructive knowledge of such
facts. Campo v. Correa, 2001- 2707, ( La. 6/ 21/ 02), 828 So. 2d
502
. Constructive knowledge is whatever notice is enough to
excite attention and put the injured person on guard and call
for inquiry. Id. Dr. Pelias' name appears in the medical
records that were available to plaintiffs at the time they filed
a
timely request to convene a medical review panel as to Ravi
Kanagala, M. D. and Lakeview Medical Center. This should have
prompted further inquiry into Dr. Pelias' involvement in Mrs.
Lee' s care.
Accordingly, we grant the writ, reverse the
judgment of the trial court, and grant the exception of
prescription
dismissing plaintiffs' claims against Marilyn E.
Pelias, M. D.

imm

MRT
WRC

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CL RK OF COURT
FOR THE COURT