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CHALSTROM v. DESSELLES ON BEHALF OF DESSELLES

No. CA 0577.

433 So.2d 866 (1983)

Drs. Horace CHALSTROM, Ernest Lorch and Sidney Tiblier, Jr. v. Mr. and Mrs. Keith M. DESSELLES Individually and on Behalf of their minor child Brian DESSELLES.

Court of Appeal of Louisiana, Fourth Circuit.

June 3, 1983.

Attorney(s) appearing for the Case

Franklin D. Beahm, Hammett, Leake & Hammett, New Orleans, for plaintiffs-appellants.

Fred L. Herman, Herman, Herman & Katz, New Orleans, for defendants-appellants.

R. Gordon Kean, Jr., Charles S. McCowan, Jr., Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, Baton Rouge, for Louisiana State Medical Soc., amicus curiae.

Peter T. Dazzio, Todd A. Rossi, Watson, Blanche, Wilson & Posner, Baton Rouge, for Louisiana Hosp. Ass'n, amicus curiae.

Before REDMANN, C.J., and BARRY and WARD, JJ.

REDMANN, Chief Judge.

When two or more health care providers are solidarily liable for damages arising from patient care, does the patient's timely action for those damages against one keep alive his rights against the others beyond the three-year limit of La.R.S. 9:56281? We answer yes, affirming a judgment which refused to declare those rights extinguished.

If the timely action against a solidary co-obligor had not been filed...

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