from the First Judicial District Court for the Parish of
Caddo, Louisiana Trial Court No. 580539 Honorable Michael A.
ELIZABETH HAMM Counsel for Appellant.
JAMES SABOTTKE Counsel for Appellee.
DREW, LOLLEY and STONE, JJ.
medical malpractice case, plaintiff, Kimberly Jimerson,
appeals a judgment from the First Judicial District Court,
Parish of Caddo, State of Louisiana, wherein the trial court
sustained a peremptory exception of prescription in favor of
defendant, Jake Majors, M.D. For the following reasons we
affirm the judgment of the trial court.
Jimerson was under the care of Dr. Jake Majors for obstetrics
and gynecology treatment since 2005. She was diagnosed with
endometriosis with biopsy-proven pathology obtained by
laparoscopy on August 8, 2005. Dr. Majors referred Jimerson
to an infertility specialist in 2005 due to problems with
oligomennorrhea (i.e., infrequent menstruation),
endometriosis, pelvic pain, and desired conception. Having
had two successful Cesarean births, Jimerson elected to
undergo a bilateral tubal sterilization, which prevents
future pregnancy by blocking the fallopian tubes. The
procedure was performed May 22, 2007. Jimerson continued to
complain to Dr. Majors of pelvic pain, even after her
August 18, 2008, after presenting in the emergency room,
Jimerson, then 24 years old, was admitted to the hospital for
pelvic pain. According to Jimerson she signed a consent form
for surgery while in pain and under the influence of pain
medication. The next day, Dr. Majors performed a hysterectomy
including removal of the fallopian tubes and ovaries.
Post-surgery, Jimerson developed complications, specifically,
bladder issues. Jimerson continued treatment with Dr. Majors
until October 13, 2009, but in an attempt to determine the
cause of her pelvic pain, she was also treated by numerous
other doctors and specialists during that time.
November 10, 2009, Jimerson had an office visit with Dr.
Joseph Pineda, another specialist in obstetrics and
gynecology. Jimerson claims that during this office visit Dr.
Pineda informed her, in his opinion, it was "negligent
for Dr. Majors to perform a hysterectomy on a 24-year-old
woman." On September 2, 2010, more than two years after
the hysterectomy was performed, Jimerson filed a complaint
against Dr. Majors requesting a medical review panel
("MRP") to review her claim. Dr. Majors filed a
peremptory exception of prescription in the trial court,
which declined to rule on the exception while the matter was
pending before the MRP. Jimerson failed to submit the
requested materials to the MRP for over three years-missing
six reset deadlines. In May 2014, Dr. Majors submitted his
materials to the MRP in order to proceed with the matter.
the MRP issued a unanimous opinion that Dr. Majors had
properly obtained informed consent from Jimerson for the
hysterectomy and, further, had not deviated from the standard
of care in his treatment of her. Subsequently, Jimerson filed
a petition for damages in the trial court. Dr. Majors
requested his exception of prescription be reset for hearing,
and in the alternative, summary judgment. After a hearing,
the trial court granted the exception of prescription,
dismissing Jimerson's claim with prejudice. She now
appeals the judgment of the trial court.
sets forth five assignments of error all related to the
granting of the exception of prescription. Jimerson generally
argues the trial court erred in granting the exception of
prescription and dismissing her petition for damages. More
specifically, she argues that the trial court erred in not
finding the continuing treatment doctrine applied, not
finding the discovery rule applied to suspend prescription
and not referring the exception to the merits of the case.
Here, the alleged malpractice is that Dr. Majors performed
the surgery without first attempting more conservative
measures. Jimerson argues that she did not consent to the
surgery, specifically because Demerol, a pain medication, was
administered to her one hour before she signed an informed
consent form, which, consequently, she does not remember
signing. Jimerson claims she did not discover that the 2008
hysterectomy should not have been performed by Dr. Majors
until November 10, 2009, when Dr. Pineda mentioned this to
her during an office visit. She also claims that continued
post-surgery treatment by Dr. Majors suspended prescription.
prescriptive period for medical malpractice is set forth in
La. R.S. ...