R.S. 9:5628 violates due process, La. 2 Cir. holds

Revised Statute 9:5628 sets a three-year peremptive period for medical-malpractice claims. In Walker v. Bossier Medical Center, 38,148 (La. App. 2 Cir. 5/12/04), the Louisiana Second Circuit holds the statute unconstitutional, on due-process grounds, as applied to a patient who received a blood transfusion and, 12 years later, contracted Hepatitis C. A doctor testified that 99% of patients contracting Hepatitis C will not experience any symptoms for about 10 years from the date of transfusion. The court reasoned, "To require a plaintiff to assert a claim before the alleged malpractice and resulting injury are discoverable imposes an impossible condition on her access to the courts and the pursuit of her tort remedy."

Posted by RPW at May 17, 2004 10:20 AM