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DESSELLES v. BRUMFIELD

No. 11641.

386 So.2d 191 (1980)

Mr. and Mrs. Keith M. DESSELLES, Individually and on behalf of their minor child, Brian Desselles v. Fred O. BRUMFIELD, M.D. and Southern Baptist Hospital.

Court of Appeal of Louisiana, Fourth Circuit.

June 25, 1980.

Attorney(s) appearing for the Case

Fred L. Herman, Herman & Herman, New Orleans, for plaintiffs-respondents.

Henry B. Alsobrook, Jr., Oscar L. Schoenfeld, III, Adams & Reese, New Orleans, for defendant-applicant.

Before SAMUEL, REDMANN and SCHOTT, JJ.

REDMANN, Judge.

Sued for medical malpractice, defendant physician excepted on the grounds of prematurity, because (unlike the nurse and hospital in Chivleatto v. Divinity, La. App. 4 Cir. 1979, 379 So.2d 784), he showed he had qualified and is "covered" by the Medical Malpractice Act, La.R.S. 40:1299.41-48. The trial court sustained the exception but merely stayed the suit instead of dismissing it.

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