Robin Cleveland v. Our Lady of the Lake Hospital, Inc.

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

ROBIN CLEVELAND NO. 2021 CW 0777

VERSUS

OUR LADY OF THE LAKE NOVM4BER 0 5, 2 0 21
HOSPITAL, INC.

In Re: Our Lady of the Lake Hospital, Inc., applying for

supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 677879.

BEFORE: WHIPPLE, C. J., PENZATO AND RESTER, JJ.

WRIT GRANTED. The trial court' s July 13, 2021 judgment
which denied the exception of prescription
filed by Our Lady of
the Lake Hospital, Inc. is reversed. Prescription commences when
a plaintiff obtains actual or constructive knowledge of facts

indicating to a reasonable person that he or she is the victim

of a tort. Constructive knowledge is whatever notice is enough

to excite attention and put the injured party on guard and call
for inquiry. Such notice is tantamount to knowledge or notice of
everything to which a reasonable inquiry may lead. Such
information or knowledge as ought to reasonably put the alleged

victim on inquiry is sufficient to start the running of

prescription. When a plaintiff has knowledge of facts strongly
suggestive that the untoward condition or result may be the

result of improper treatment,by the and there is no effort

health care provider to mislead or cover up information which is
available to plaintiff through inquiry or professional medical
or Legal advice, then the cause of action is reasonably knowable
to plaintiff. Failure to act by a plaintiff for more than one
year under these circumstances is not reasonable. Request for
Medical Review Panel by Wilson v. Whitfield, 2017- 1723 ( La. App.
1st Cir. 5/ 23/ 19), 277 So. 3d 370, 375- 76, writ denied, 2019-
00983 ( La. 10/ 1/ 19), 280 So. 3d 157, writ denied sub nom.,

Andrews v. Berkshire Hathaway Insurance Company, 2019- 01114 ( La.
10/ 8/ 19), 280 So. 3d 591, citing Campo v. Correa, 2001- 2707 ( La.
6/ 21/ 02), 828 So. 2d 502. In this case, plaintiff was aware of

the infection and the possible consequences no later than July
26, 2016, when she was discharged from Our Lady of the Lake
Hospital. Accordingly, the filing of the claim against Our Lady
of the Lake Hospital, Inc. more than one year later was

untimely. La. R. S. 9: 5628. The exception of prescription filed
by Our Lady of the Lake Hospital, Inc. is granted, and

plaintiff' s claims against Our Lady of the Lake Hospital, Inc.
are dismissed.
VGW
AHP

CHH

COURT OF APPEAL, FIRST CIRCUIT

f

DEPUTYWCLEK
FOR THE COURT