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WILLIAMS v. ST. PAUL INS. COMPANIES

No. 13032.

419 So.2d 1302 (1982)

Arthur E. WILLIAMS and Rose Mary Williams, Individually and on Behalf of the Minor, Kimberly Williams v. The ST. PAUL INSURANCE COMPANIES, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied October 22, 1982.

Attorney(s) appearing for the Case

Lawrence J. Smith, Adolph J. Levy, Alan Brandon Parker, Levy, Smith & Gennusa, New Orleans, for plaintiffs-appellants.

H. Martin Hunley, Jr., C. William Bradley, Jr., Lemle, Kelleher, Kohlmeyer & Matthews, New Orleans, for defendants-appellees.

Before SCHOTT, KLEES and LOBRANO, JJ.

SCHOTT, Judge.

This medical malpractice action against the administrators of the Tulane Educational Fund (Tulane), two physicians and two nurses, was dismissed on an exception of prematurity because of plaintiffs' failure to file their claim with a medical review panel. Defendants had not paid the surcharge assessed under LSA-R.S. 40:1299.44 at the time the alleged tort was committed. The issue is whether they were qualified health providers under R.S. 1299.42 even...

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