Thomas Williams, individually and on behalf of Hilda Williams v. Hometown Senior Care, LLC and Stacy D. Jones, M.D

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

THOMAS WILLIAMS, NO. 2026 CW 0691
INDIVIDUALLY, AND ON BEHALF

OF HILDA WILLIAMS PAGE 1 OF 2
VERSUS

HOMETOWN SENIOR CARE, LLC AUGUST 4, 2026

AND STACY D. JONES, M.D.

In Re: BHC HoldCo, LLC d/b/a Bayou Home Care of Louisiana, LLC
and Continental Casualty Company, applying for
supervisory writs, 19th Judicial District Court, Parish
of East Baton Rouge, No. 722057.

BEFORE : PENZATO, HESTER, GREENE, EDWARDS, AND FIELDS, JJ.

WRIT GRANTED. The trial court’s April 28, 2026 judgment
denying the exception of prescription filed by defendants, BHC
HoldCo, LLC d/b/a Bayou Home Care of Louisiana, LLC and Continental
Casualty Company, is reversed. Plaintiff’s filing of the medical
malpractice claim against defendants was untimely. The
prescriptive period for filing a medical malpractice claim is one
year from the date of the alleged act, omission, or neglect, or
within one year from the date of discovery of the alleged act,
omission, or neglect. La. R.S. 9:5628(A). No action against a
health care provider, or its insurer, may be commenced in any court
before the claimant's proposed complaint has been presented to a
medical review panel. La. R.S. 40:1231.8(B) (1) (a) (i). An attorney
chairman shall be appointed within one year of the filing of the
request for review. La. R.S. 40:1231.8(A) (2) (c). If the medical
review panel fails to render an opinion within twelve months after
notification of the selection of the attorney chairman, suit may
be instituted against a health care provider. However, either party
may petition the court for an order extending the twelve-month
period for good cause shown. After the twelve-month period, or any
court-ordered extension thereof, the medical review panel shall be
dissolved without the necessity of obtaining a court order of
dissolution. La. R.S. 40:1231.8(B) (1) (b). Ninety days after the
notification to all parties by certified mail by the attorney
chairman or the board of the medical review panel dissolution or
ninety days after the expiration of any court-ordered extension as
authorized by Paragraph (1) of this Subsection, the suspension of
the running of prescription with respect to a qualified health
care provider shall cease. La. R.S. 40:1231.8(B) (3).

As the Louisiana Supreme Court explained, “it is clear that
[La. R.S. 40:1231.8(B) (3)] provides for two different scenarios
which will result in the cessation of the suspension of the running
of prescription.” Thibodeaux v. Donnell, 2008-2436 (La. 5/5/09),
9 So.3d 120. We find that the Louisiana Medical Malpractice Act,
40:1231.1 et seqg., does not require formal notice of the
dissolution of a medical review panel upon the expiration of a
court-ordered extension. See Grantham v. Dawson, 27,798 (La. App.
2nd Cir. 1/24/96), 666 So.2d 1241, writs denied, 96-0487, 96-0459
(La. 3/29/96), 670 So.2d 1228, 1230.

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

NO. 2026 CW 0691

PAGE 2 OF 2

Here, the term of the medical review panel was extended
through August 9, 2024. Because the medical review panel failed to
render an opinion by that date, it dissolved by operation of law
without the necessity of formal notice. Prescription remained
suspended throughout the pendency of the medical review panel
proceedings and resumed ninety days after the expiration of the
court-ordered extension, on November 7, 2024.

Because Plaintiff filed the request for a medical review panel
twenty days before prescription otherwise would have expired on
April 21, 2022, Plaintiff had an additional twenty days after
prescription resumed to amend or supplement the petition to name
BHC HoldCo, LLC d/b/a Bayou Home Care of Louisiana, LLC and
Continental Casualty Company, as defendants. Accordingly, the
prescriptive period for asserting a claim against these defendants
expired on November 27, 2024. Plaintiff did not file the amended
or supplemental petition naming these defendants until December
12, 2024. Therefore, Plaintiff's claim against BHC HoldCo, LLC
d/b/a Bayou Home Care of Louisiana, LLC and Continental Casualty
Company, is prescribed.

Accordingly, the exception of prescription filed by BHC
HoldCo, LLC d/b/a Bayou Home Care of Louisiana, LLC and Continental
Casualty Company, is granted, and Plaintiff's claim against these
defendants is dismissed.

AHP
CHH
BDE
WEF

Greene, J., dissents and would deny the writ.

SOURT OF APPEAL, FIRST CIRCUIT

LERK OF COURT

FOR THE COURT