Supreme Court of Louisiana

James E. Guffey v. Lexington House, LLC

May 8, 2019

Summary

The court held that the granddaughter who requested the medical review panel was not a statutory claimant because she lacked a right of action to recover damages and was not a qualifying representative of the deceased patient. Consequently, her request did not suspend prescription for the children’s medical-malpractice claims, which were prescribed. The court sustained the exception of prescription and dismissed the claims with prejudice.