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CRIER v. WHITECLOUD

No. 84-C-1699.

486 So.2d 713 (1986)

Sharon CRIER v. Dr. Thomas S. WHITECLOUD, III, and Children's Hospital.

Supreme Court of Louisiana.

Rehearing Granted May 9, 1986.

Attorney(s) appearing for the Case

Joseph W. Thomas, Ammon L. Miller, Jr., for applicant-plaintiff.

Stewart E. Niles, Jr., Vivian L. Madison, Jones, Walker, Waechter, et al., Peter T. Dazzio, for defendants-respondents.

LEMMON, Justice.

This case presents the issue of the application of La.R.S. 9:5628's three-year limitation for bringing an "action for damages for injury" resulting from medical malpractice when the initial act of malpractice does not cause any injury until more than three years after "the date of the alleged act, omission or neglect". We conclude that since injury is an essential element of a cause of "action for damages for injury" and the courts cannot take cognizance...

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