Jerry Sheppard was taken to the emergency room at Baton Rouge General Medical Center (BRGMC) due to hallucinations. Despite his mental impairment, he was discharged without notifying his family. Hours later, he was found wandering the streets and was fatally injured in an altercation with a homeowner, Mr. Zeno.
Jerry’s mother, Ridder Crocker, filed a lawsuit against both BRGMC and Mr. Zeno, alleging their negligence led to Jerry’s death. Mr. Zeno raised a prescription exception, arguing the lawsuit against him was filed beyond the one-year deadline. Ms. Crocker countered, claiming the timely filing of her medical malpractice claim against BRGMC suspended prescription for Mr. Zeno as a joint tortfeasor.
The Court of Appeal affirmed the trial court’s decision, dismissing Ms. Crocker’s claims against Mr. Zeno due to prescription. The court determined that BRGMC and Mr. Zeno were not joint tortfeasors, as their alleged negligent acts did not occur contemporaneously and they owed different duties to Jerry.
Understanding Joint Tortfeasors and Prescription:
- Joint Tortfeasors: In Louisiana, joint tortfeasors are individuals whose combined actions cause harm to another. When one joint tortfeasor is sued within the prescriptive period, it can interrupt prescription for all joint tortfeasors.
- Prescription: In personal injury and wrongful death cases, Louisiana has a one-year prescription period. If a lawsuit is not filed within this timeframe, the claim is generally barred.
- Medical Malpractice and the LMMA: The Louisiana Medical Malpractice Act (LMMA) governs claims against healthcare providers. It requires a medical review panel’s evaluation before a lawsuit can be filed, which can suspend prescription against healthcare providers but not necessarily against other parties.
Case Implications
This case illustrates that even when multiple parties contribute to an injury, they might not be considered joint tortfeasors for prescription purposes. The court’s emphasis on the timing and nature of the alleged negligent acts underscores the importance of carefully analyzing each party’s role in the incident.
Key Takeaways
- Timely Filing is Crucial: Strict adherence to prescription deadlines is vital in Louisiana. Failing to file a lawsuit within the one-year period can permanently bar your claim.
- Joint Tortfeasor Rule: The joint tortfeasor rule can interrupt prescription for all parties involved, but only if their actions are sufficiently connected in time and causation.
- Seek Legal Advice: Navigating the complexities of prescription and the LMMA can be challenging. If you believe you have a claim, it’s crucial to consult with an experienced attorney as soon as possible.
Written by Berniard Law Firm
Other Berniard Law Firm Articles on Prescription Issues: Prescription Important in Lawsuit Tied to Truck Fire and The Clock is Ticking: Understanding Prescription in Louisiana Personal Injury Cases