James B. Haywrd v. Acadian Ambulance Service, Inc.

COURT OF APPEAL, FIRST CIRCUIT JAMES B. HAYW[ A] RD NO. 2024 CW 0302 VERSUS ACADIAN AMBULANCE SERVICE, JULY 29r2024 INC. In Re: Acadian Ambulance Service, Inc., applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 738320. BEFORE: GUIDRY, C. J., McCLENDON, WELCH, WOLFE AND MILLER, JJ. WRIT GRANTED. The trial court' s February 29, 2024 judgment the exception of prematurity filed by defendant, overruling Acadian Ambulance Service, Inc. (" Acadian") , is reversed. The claims brought by plaintiff, James B. Hayward, against Acadian, a qualified health care provider, sound in medical malpractice. See La. R. S. 40: 1231. 1 ( A) ( 13) ; Coleman v. Deno, 2001- 1517 ( La. 1/ 25/ 02), 813 So. 2d 303 , 315- 16. Therefore, plaintiff was required to seek review of his claims with a medical review See panel prior to filing the instant suit against Acadian. Williamson v. Hosp. Serv. Dist. No. 1 of Jefferson, 20040451 La. 12 / 1/ 04), 888 So. 2d 782, 785 . Accordingly, Acadian' s exception of is sustained and James B. Hayward' s prematurity claims against Acadian Ambulance Service, Inc. are dismissed without prejudice. PMC JEW EW SMM Guidry, J. , disents and would deny the writ. At the time the plaintiff was injured, he had already received medical treatment and had been transported back to his home. Therefore, I find the defendant failed to show that the plaintiff' s claims fall under the Louisiana Medical Malpractice Act. COURT OF APPEAL, FIRST CIRCUIT DEPUTY CLERK 0 COURT FOR THE CO RT