How Late Is Too Late? Paying Filing Fees Under the Medical Malpractice Act

Robert David wrote an article for the April/May 2018 issue of the Louisiana Bar Journal, discussing the meaning of “to pay” a filing fee within the Medical Malpractice Act.

In the case of In re Medical Review Panel Proceedings of Glover, 17-201 (La. App. 5 Cir. 10/25/17), 229 So. 3d 655, the Louisiana Fifth Circuit Court of Appeal was tasked with determining the meaning of “to pay” in regard to filing fees under the Medical Malpractice Act. On the one hand, the plaintiff asserted that her medical malpractice claim was timely filed because she mailed her filing fee within the 45 days allowed by the Act. However, the defendants argued that, because the plaintiff’s filing fee was not received until after the 45-day period had elapsed, the plaintiff’s claim should be dismissed.

Read more of Mr. David’s article in the Recent Developments section to find out if the Fifth Circuit dismissed the plaintiff’s claim.