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CRIER v. WHITECLOUD

No. 84-C-1699.

496 So.2d 305 (1986)

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

Supreme Court of Louisiana.

October 30, 1986.

Attorney(s) appearing for the Case

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

Stewart E. Niles, Jr., Vivian L. Madison, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, Peter T. Dazzio, Baton Rouge, for defendants-respondents.

Ricardo M. Guevara, Baton Rouge, Robert J. Conrad, Jr., Adams & Reese, New Orleans, John McKinley, Monroe, Fred F.L. Herman, New Orleans, Pamela Crawford, Baton Rouge, amicus curiae.

ON REHEARING

MARCUS, Justice.

We granted a rehearing to reconsider whether La.R.S. 9:5628 bars a claim of medical malpractice when the injury results not at the time of the patient's treatment but instead occurs over three years after "the date of the alleged act, omission or neglect."

In 1978, Dr. Thomas S. Whitecloud, III operated on Sharon Crier at Children's Hospital, surgically implanting a Harrington rod in her back to correct her scoliosis...

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