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 0693
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: Kinsale Insurance Company and Dr. James Ratliff,
applying for supervisory writs, 19th Judicial District
Court, Parish of East Baton Rouge, No. 722,057.

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, James
A. Ratliff, M.D., and Kinsale Insurance 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) (bo). 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 seq., 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 0693

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
James A. Ratliff, M.D., and Kinsale Insurance 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 James A. Ratliff, M.D., and Kinsale Insurance
Company, is prescribed.

Accordingly, the exception of prescription filed by James A.
Ratliff, M.D., and Kinsale Insurance Company, is granted, and
Plaintiff's claim against these defendants is dismissed.

AHP
CHH
BDE
WEF

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

QURT OF APPEAL, FIRST CIRCUIT

3 YW
LERK OF COURT
} FOR THE COURT