Professional Negligence Law Reporter

The Louisiana Supreme Court held that a plaintiff’s amended complaint related to lumbar surgery did not relate back to his original complaint alleging medical negligence arising from a cervical procedure.

Here, a patient filed a medical review panel complaint in February 2019, alleging he was injured as a result of medical negligence stemming from a cervical procedure performed in May 2017. The plaintiff amended his complaint in September 2020, substituting the terms “lumbar” and “back” for “cervical” and “neck” in the original complaint. The trial court ruled that the plaintiff’s suit was prescribed because it was not filed within a year of the date of discovery, which the court determined was November 2017.

Affirming, the state high court found that a medical negligence claim must be filed within a year of the alleged negligence or its discovery. In all events, the court added, it must be filed—at the latest—within three years of the alleged act, omission, or neglect. Here, the amended complaint was filed more than three years from the date of the alleged negligence. The plaintiff’s amended claims did not concern a cervical surgery as alleged in the original complaint, the court said, finding that the new claims were wholly different than those originally asserted. The court also held that the amended complaint cannot relate back to the original complaint so as to be considered timely.

Consequently, the lower court’s grant of the defendant’s exception of prescription was proper.

Citation: In re Singleton, 2024 WL 3049940 (La. June 19, 2024).