GUNTER v. PLAUCHE

No. 83-C-0974.

439 So.2d 437 (1983)

Danny Ray GUNTER v. Herbert K. PLAUCHE, M.D., et al.

Supreme Court of Louisiana.

Dissenting Opinion October 19, 1983.


Attorney(s) appearing for the Case

Robert W. Stratton, Baton Rouge, for applicant.

Donald T.W. Phelps, Myron A. Walker, Jr., Baton Rouge, for respondents.


BAILES, Justice Pro Tem.*

Plaintiff's malpractice action was dismissed by the trial court which sustained defendant's exception of prescription, and the court of appeal affirmed. The issue on appeal is whether the action asserted in plaintiff's amending petition alleging lack of informed consent "arises out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading" alleging medical malpractice...

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