FOR IMMEDIATE NEWS RELEASE
NEWS RELEASE # 27
FROM: CLERK OF SUPREME COURT OF LOUISIANA
The Opinions handed down on the 12th day of April, 2005, are as follows:
BY KNOLL, J.:
2004-C- 2252
DONALD E. O'BRIEN AND CAROL O’BRIEN v. DR. AKBAR RIZVI, DR. ARTHUR
C/W CARL PLAUTZ, JR., ST. PAUL FIRE & MARINE INSURANCE COMPANY AND CGH
2004-C- 2257 COMPANIES, INC. (Formerly CompHealth, Inc.) (Parish of
Rapides)
For the above and forgoing reasons, the judgment of the court of
appeal is reversed and set aside. The Board's petition for
intervention is hereby granted and the judgment of the trial court
denying the defendants' exception of prematurity is reinstated. This
matter is remanded to the trial court for further proceedings
consistent with the views expressed herein.
REVERSED AND REMANDED.
04/12/2005
SUPREME COURT OF LOUISIANA
NO. 04-C-2252 c/w 04-C-2257
DONALD E. O’BRIEN and CAROL O’BRIEN
VERSUS
DR. AKBAR RIZVI, DR. ARTHUR CARL PLAUTZ, JR.,
ST. PAUL FIRE & MARINE INSURANCE COMPANY and
CHG COMPANIES, INC. (Formerly CompHealth, Inc.)
d/b/a COMPHEALTH
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL,
THIRD CIRCUIT, PARISH OF RAPIDES
KNOLL, Justice
In this medical malpractice case we granted certiorari to consider two issues.
The first issue is whether the court of appeal erred in denying the Louisiana Patient’s
Compensation Fund Oversight Board’s (hereinafter “Board”) petition of intervention
on plaintiffs’ request for rehearing. The second issue is whether the court of appeal
erred in ruling the defendants were qualified health care providers (QHCP) under
Louisiana’s Medical Malpractice Act, La. Rev. Stat. Ann. 40:1299.41 et seq.
(hereinafter “Act”), thereby reversing the trial court’s denial of the defendants’
dilatory exception of prematurity. After careful review of the record, the applicable
jurisprudence and the plain language of the Act, we find the Board should have been
allowed to intervene in the petition for rehearing, and further find the defendants were
not qualifie