Louisiana Personal Injury Lawyer Blog
A recent Louisiana Court of Appeal decision, Brimmer v. Eagle Family Dental, Inc., has underscored the critical procedural steps involved in bringing dental malpractice claims in the state. The case highlights the necessity of first presenting claims against qualified healthcare providers to a medical review panel before filing a lawsuit. Let’s delve into the specifics of this case and its implications for dental malpractice litigation in Louisiana.
Case Summary
Aurielle Brimmer received dental treatment at Eagle Family Dental, Inc. She subsequently developed complications that sheF attributed to the dental procedure. Believing she had suffered dental malpractice, Ms. Brimmer bypassed the medical review panel process and directly filed a lawsuit against Eagle Family Dental.
Eagle Family Dental filed an Exception of Prematurity, arguing that Ms. Brimmer’s lawsuit was premature as they were a qualified healthcare provider under the Louisiana Medical Malpractice Act (LMMA), and her claims should have first been presented to a medical review panel. The trial court agreed with Eagle Family Dental and dismissed Ms. Brimmer’s lawsuit without prejudice, meaning she could refile it after going through the medical review panel process. Ms. Brimmer appealed this decision.
The Court of Appeal’s Ruling
The Court of Appeal affirmed the trial court’s decision, emphasizing the mandatory nature of the medical review panel process for claims against qualified healthcare providers under the LMMA. The court meticulously examined the evidence, including Eagle Family Dental’s professional liability insurance policy, payment of the PCF surcharge, and a certified letter from the Patient’s Compensation Fund (PCF) confirming Eagle’s qualified status.
The court held that Eagle Family Dental had successfully demonstrated its qualification under the LMMA at the time of the alleged malpractice. Consequently, Ms. Brimmer was required to first present her claims to a medical review panel before filing a lawsuit.
Key Takeaways
- Medical Review Panel is Mandatory: In Louisiana, if you are alleging medical malpractice against a qualified healthcare provider, including dentists and dental clinics, you must first submit your claim to a medical review panel before initiating a lawsuit.
- Qualified Healthcare Provider Status: The court’s decision emphasizes the importance of verifying a healthcare provider’s qualification under the LMMA. This qualification depends on factors like having professional liability insurance and paying the PCF surcharge.
- Exception of Prematurity: Healthcare providers can raise an Exception of Prematurity if a lawsuit is filed against them without first going through the medical review panel process.
Implications for Dental Malpractice Claims
This ruling serves as a crucial reminder for individuals considering filing a dental malpractice claim in Louisiana. It’s essential to consult with an experienced attorney who can assess whether the healthcare provider is qualified under the LMMA and guide you through the necessary steps, including the medical review panel process.
Attempting to bypass the medical review panel can result in your case being dismissed, causing delays and potentially jeopardizing your claim. Therefore, understanding and adhering to the procedural requirements of the LMMA is vital for pursuing a successful dental malpractice claim in Louisiana.
Additional Sources: AURIELLE BRIMMER VERSUS EAGLE FAMILY DENTAL INC.
Written by Berniard Law Firm
Other Berniard Law Firm Articles on Dentist and Medical Malpractice: Shreveport Dentist’s Oral Consent to Patient Determined to be Proper and Louisiana Medical Malpractice Lawsuit by Dental Patient Fails at Appeals Court