STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT EDDIE LEE, AS THE SURVIVING NO. 2019 CW 1036 SPOUSE OF THE DECEASED, KATIE KALISHA LEE, AND BERTIE WEARY, SHARON WEARY, SANDRA WEARY, GIOVANNI LEE, AND LEON LEE, JR., AS THE SURVIVING CHILDREN OF THE DECEASED, KATIE KALISHA LEE VERSUS

RAVI KANAGALA, MD, MARILYN E. PELIAS, MD, AND LAKEVIEW MEDICAL CENTER, LLC D/ B/ A SEP 3 0 2019 LAKEVIEW REGIONAL MEDICAL CENTER

In Re: Marilyn E. Pelias, M. D., applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 201315445.

BEFORE: MCDONALD, THERIOT, AND CHUTZ, JJ.

WRIT GRANTED. Claims for medical malpractice must be brought within one year from the date of the alleged act, omission or neglect, or within one year of discovery of the alleged act, omission or neglect. See La. R. S. 9: 5528. A Prescriptive not have period begins to run even if the injured party does actual knowledge of facts that would entitle him to bring a suit, as long as he has constructive knowledge of such facts. Campo v. Correa, 2001- 2707, ( La. 6/ 21/ 02), 828 So. 2d 502. Constructive knowledge is whatever notice is enough to excite attention and put the injured person on guard and call for inquiry. Id. Dr. Pelias' name appears in the medical records that were available to plaintiffs at the time they filed a timely request to convene a medical review panel as to Ravi Kanagala, M. D. and Lakeview Medical Center. This should have prompted further inquiry into Dr. Pelias' involvement in Mrs. Lee' s care.

Accordingly, we grant the writ, reverse the judgment of the trial court, and grant the exception of prescription dismissing plaintiffs' claims against Marilyn E.

Pelias, M. D.

imm MRT WRC

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CL RK OF COURT FOR THE COURT