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McMILLIAN v. WESTWOOD MANOR NURSING HOME

No. 12-54.

92 So.3d 623 (2012)

Michael & Kimberly D. McMILLIAN v. WESTWOOD MANOR NURSING HOME, INC.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied July 18, 2012.

Attorney(s) appearing for the Case

Robert Justin Garon , Silbert & Garon, LLP, New Orleans, LA, for Plaintiffs/Appellants, Michael & Kimberly D. McMillian.

David Richard Sobel , Provosty, Sadler, Delaunay, Fiorenza & Sobel, Alexandria, LA, for Defendant/Appellee, Westwood Manor Nursing Home, Inc.

Court composed of JAMES T. GENOVESE, SHANNON J. GREMILLION, and PHYLLIS M. KEATY, Judges.

GREMILLION, Judge.

Plaintiffs/appellants, Michael McMillian and Kimberly D. McMillian, appeal the trial court's grant of the exception of prematurity filed by defendant/appellee, Westwood Manor Nursing Home, Inc. ("Westwood"). The trial court maintained Westwood's exception because the McMillians had not first submitted their claim to a medical review panel as required by the Medical Malpractice Act ("MMA"), La.R.S. 40:1299...

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