CASHIO v. BATON ROUGE GENERAL HOSPITAL

No. 12841.

378 So.2d 182 (1979)

Katie Nevels CASHIO, Ind., etc. v. BATON ROUGE GENERAL HOSPITAL.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied December 27, 1979.


Attorney(s) appearing for the Case

Charest Thibaut, Jr., Baton Rouge, for plaintiff-appellee, Katie Nevels Cashio, Ind., Etc.

George K. Anding, Jr., Baton Rouge, for defendant-appellant, Baton Rouge General Hospital.

Before ELLIS, CHIASSON and PONDER, JJ.


PONDER, Judge.

This is an appeal by defendant from the overruling of an exception of prematurity.

The issues are the appealability and the propriety of the decision.

We reverse.

Plaintiffs sued defendant for damages when a patient died from a "hospital staph" infection acquired during a coronary by-pass operation. Defendant raised the exception of prematurity claiming that before any action can be commenced against a health care provider, the...

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