PERCY v. STATE, E.A. CONWAY MEMORIAL HOSP.

No. 17262-CA.

478 So.2d 570 (1985)

Cliflene Goldsmith PERCY, Plaintiff-Appellant, v. STATE of Louisiana, Through E.A. CONWAY MEMORIAL HOSPITAL, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

October 30, 1985.


Attorney(s) appearing for the Case

Culpepper, Teat, Caldwell & Avery by Bobby L. Culpepper, Jonesboro, for plaintiff-appellant.

Hudson, Potts & Bernstein by Gordon L. James, Monroe, for defendant-appellee.

Before MARVIN, FRED W. JONES and LINDSAY, JJ.


MARVIN, Judge.

In this medical malpractice action, plaintiff Ms. Percy appeals a judgment sustaining the hospital's peremptory exception of prescription and dismissing her suit. The sole issue is when plaintiff "discovered" the natal injury to her son and commenced the running of the one-year prescriptive period of LRS 9:5628.1

We affirm, holding that the trial court did not err in finding that appellant had constructive, if not...

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