HEBERT v. DOCTORS MEMORIAL HOSP.

No. 85-C-2277.

486 So.2d 717 (1986)

Herman HEBERT and Lucy Hebert v. DOCTORS MEMORIAL HOSPITAL.

Supreme Court of Louisiana.

March 31, 1986.


Attorney(s) appearing for the Case

Larry P. Boudreaux, Roy A. Jefferson, Jr., for applicant.

Donald T.W. Phelps, Daniel Reed, Seale, Smith & Phelps, for respondent.


CALOGERO, Justice.

Did the trial and appeal courts correctly dismiss plaintiffs' medical malpractice lawsuit against a treating physician because it had prescribed? If not, was the lawsuit nonetheless perempted by virtue of La.Rev. Stat. § 9:5628 because it was not filed within three years from the date of the alleged negligence?1

For the reasons which follow we answer both of the foregoing questions in the negative, reverse...

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