Washington v. Fustok
Cases that cite this one
10 later published cases cite this decision.
- Metropolitan Development Center v. Liner (La. Ct. App. 2004)
- Brown ex rel. Brown v. State, Department of Health & Hospitals (La. Ct. App. 2002)
- Martin v. Comm-Care Corp. (La. 2004)
- Geiger v. State Ex Rel Dept. of Health (La. 2002)
- Martin v. Comm-Care Corp. (La. Ct. App. 2003)
- Bernard v. Estate of Laporte (La. Ct. App. 2013)
- Bush v. National Health Care of Leesville (La. Ct. App. 2005)
- Martin v. Comm-Care Corp. (La. Ct. App. 2004)
- Sherman v. Touro Infirmary Hospital (La. Ct. App. 2002)
- Wesco v. Columbia Lakeland Medical Center (La. Ct. App. 2001)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Quinzetta WASHINGTON
v.
Dr. Mohamed FUSTOK, West Jefferson Medical Center and Valley Lab, Inc.
Supreme Court of Louisiana.
Granted. Plaintiff's premature suit did not interrupt prescription. LeBreton v. Rabito, 97-2221 (La.7/8/98), 714 So.2d 1226. Moreover, the application indicates plaintiff's request for medical review panel was filed more than one year from the date of the alleged malpractice. As a result, prescription was never suspended under La. 40:1299.47 A(2)(a). Accordingly, the judgment of the trial court is reversed, and relator's exception of prescription is granted.
CALOGERO, C.J., I would grant and docket in order to reconsider the issue resolved in LeBreton v. Rabito, 97-2221 (La.7/8/98), 714 So.2d 1226. As set forth in my dissent in LeBreton, I find no conflict between the provisions to Civil Code article 3462 and LSA-R.S. 40:1299.47(A)(2)(a), as both provisions can easily be harmonized with the result of each provision being given full effect. The purpose for denying claims that are prescribed is to avoid denying the defendant a timely opportunity to investigate a matter and prepare a defense. That purpose is not served here, where the defendant was *57 sued less than one year from the occurrence of plaintiffs injury.
KIMBALL, J., would grant and docket.
JOHNSON, J., would grant and docket.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.