The case originated from a medical malpractice claim against several doctors employed by the State of Louisiana. The claim was initially brought before a medical review panel in 2015 and subsequently amended following the death of Nicole Phillips in 2016. The lawsuit was then filed by Jamal Wright, the father of Ms. Phillips’ minor child.
The Doctors, upon being served with the Petition for Damages, filed declinatory exceptions of insufficiency of citation and insufficiency of service of process. They argued that the service was improper as it was not directed to the designated agents for service of process as required by Louisiana law.
The trial court denied the Doctors’ exceptions, seemingly relying on a provision in the Louisiana Revised Statutes that allows for timely service requests despite insufficient or erroneous service.
The Court of Appeal disagreed with the trial court’s interpretation of the law. It held that while the statute allows for some leniency in cases of insufficient or erroneous service, it does not excuse the failure to request service on the proper parties altogether.
In this case, the plaintiff failed to serve the lawsuit on the head of the relevant department, the Office of Risk Management, or the Attorney General, as mandated by Louisiana law when suing state-employed healthcare providers.
Outcome:
The Court of Appeal reversed the trial court’s judgment and granted the Doctors exceptions of insufficiency of citation and service of process. The case was dismissed without prejudice, meaning the plaintiff can refile the lawsuit, but this time ensuring proper service of process.
Things to Know about Service of a Lawsuit:
This case underscores the importance of adhering to proper legal procedures when filing a lawsuit, especially against state entities and their employees. Failure to do so can result in the dismissal of the case, even if the claims have merit.
When suing state-employed healthcare providers in Louisiana, it’s imperative to follow the specific service of process requirements outlined in the law. This includes serving the lawsuit on the designated agents for service, not just the individual healthcare providers.
Consulting with an experienced attorney is crucial to ensuring that all procedural requirements are met, safeguarding your legal rights, and avoiding potential pitfalls that could lead to the dismissal of your case.
Remember, even the most compelling legal arguments can be derailed by procedural errors. So, when navigating the legal system, paying close attention to the details and ensuring that all rules and regulations are followed meticulously is essential.
Written by Berniard Law Firm
Other Berniard Law Firm Articles on Service of Process: The Importance of Accurate Service of Process Information in Lawsuits and Trial Court Errs by Granting an Exception of Prescription to Insurance Company