ZENO v. LINCOLN GENERAL HOSPITAL

No. 13931.

376 So.2d 1284 (1979)

Nathaniel ZENO, Sr., et al., Plaintiffs-Appellants, v. LINCOLN GENERAL HOSPITAL et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied November 6, 1979.


Attorney(s) appearing for the Case

James M. Fowler, Jonesboro, for plaintiffs-appellants.

Theus, Grisham, Davis & Leigh by R. L. Davis, Jr., Monroe, for defendants-appellees.

Before HALL, JONES and HEARD, JJ.


En Banc. Rehearing Denied November 6, 1979.

HEARD, Judge.

This is a medical malpractice case against a doctor and a hospital in which he performs surgery. More than one year having elapsed from the alleged negligence until suit was filed, defendants filed a peremptory exception of prescription which was sustained. Plaintiffs appeal and we reverse.

The first issue is whether the action is one in tort which prescribed in one year. Assuming we find the...

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