In Re: Plaquemine Manor Nursing Home, Inc., applying for supervisory writs, 18th Judicial District Court, Parish of Iberville, No. 74984.
BEFORE: PETTIGREW,
WELCH,
CRAIN,
HOLDRIDGE,
AND PENZATO,
JJ.
WRIT DENIED.
JEW
AHP
JTP
Crain, J., dissents. The Nineteenth Judicial District Court judgment extending the deadline for appointing an attorney chair was obtained before the one (1) year deadline expired. It was not challenged and, while erroneous and correctable, it became final and enforceable. Consequently, the deadline was extended and the medical review panel should go forward. I would grant the writ, reverse the trial court's denial of the exception of prematurity, and grant the exception.
Holdridge, J., respectfully dissents for the reasons assigned by Judge Crain. I further add that allowing a medical malpractice suit to continue while a medical review panel has been appointed and is also proceeding defeats the entire purpose of the Medical Malpractice Act. Neither the trial court nor the majority has cited any law or case that allows such a result. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT