Court: Louisiana Court of Appeal; February 12, 1992; Louisiana; State Appellate Court
Plaintiffs George Holt, Jr. and Jacqueline Cooper appeal judgments related to their medical malpractice claims, specifically: (1) the dismissal of Dr. Jayaraman Rao due to an Exception of Prematurity, and (2) the dismissal of Dr. William Stallworth, Dr. Rao, and St. Paul Fire and Marine Insurance Company based on an Exception of No Right of Action. Drs. Rao and Stallworth have countered by seeking damages for a frivolous appeal.
The case stems from a vehicular accident in November 1986 that injured Kevin Cooper, who was subsequently admitted to Hotel Dieu Hospital for treatment of headaches and neck stiffness. He died from acute purulent meningitis shortly after admission. In August 1987, the plaintiffs filed a complaint requesting a Private Medical Review Panel, and later, in October 1989, initiated a malpractice suit against several parties, including the doctors involved in Cooper's care.
Dr. Rao filed Exceptions of Prematurity and Lack of Subject Matter Jurisdiction, asserting his entitlement to a State Medical Review Panel as an employee of the State of Louisiana before the lawsuit could proceed. His exceptions were upheld, resulting in his dismissal from the case without prejudice. Dr. Stallworth and Dr. Rao also filed Exceptions of Lack of Procedural Capacity and/or No Right of Action, claiming plaintiffs did not establish their status as Cooper's parents, which was necessary for pursuing a wrongful death action. The trial court agreed, dismissing the doctors and the insurance company without prejudice.
On appeal, plaintiffs argue that Dr. Rao was not acting within the scope of his state employment when treating Cooper and thus should not have qualified for a State Medical Review Panel. La.R.S. 40:1299.39(A) outlines eligibility for coverage under the Malpractice Liability for State Services Act, indicating that a physician must be providing health care services on behalf of the state and within their employment scope. Dr. Rao asserts his state employment status based on certification letters from the Louisiana Commissioner of Administration and the Louisiana State University Medical Center.
Dr. Rao's employment with the state at the time he provided services to Cooper is established as prima facie evidence. However, the plaintiffs argue that he did not demonstrate he was acting within the scope of his employment during those services. Once Dr. Rao proved his employment, the burden shifted to the plaintiffs to disprove this, which they failed to do as there was no hearing transcript or supporting evidence in the record for their claims. The trial court's dismissal of the case without prejudice was deemed correct.
The judgment also dismissed Dr. Stallworth, Dr. Rao, and St. Paul Fire and Marine Insurance Company based on an exception of no right of action related to the discovery suit, which was presumably tied to the plaintiffs' request for a review panel. Although Louisiana’s Medical Malpractice Act typically allows for dismissal of a review panel by an exception of prescription, the use of an exception of no right of action before filing a malpractice suit is unclear and not raised by either party.
The record lacks a hearing transcript or any narratives, and the court cannot consider the exhibits referenced by the plaintiffs as they were not introduced as evidence. The court noted that the malpractice suit's petition failed to establish any relationship between the plaintiffs and the decedent, which is essential for a wrongful death claim under Louisiana law. Consequently, the court affirmed the dismissals and, on its own, dismissed the malpractice suit without prejudice for failure to state a cause of action. The request for frivolous appeal damages was rejected, and the court struck the unproffered exhibits from the proceedings.
