MALTBY v. GAUTHIER

No. 84-CA-632.

489 So.2d 396 (1986)

Robert M. MALTBY, Individually and on Behalf of His Wife, Robin Posey Maltby v. Kohlman GAUTHIER, M.D., Metairie General Hospital, Certain Members of Its Staff and Their Insurers.

Court of Appeal of Louisiana, Fifth Circuit.

May 12, 1986.


Attorney(s) appearing for the Case

J.T. Holmes and Rene A. Curry, Jr., New Orleans, for New Orleans Metairie Foundation, defendant-appellee.

John P. Ferrara, New Orleans, for Robert M. Maltby, individually and on behalf of his wife, Robin Posey Maltby, plaintiffs-appellants.

Before BOUTALL, C.J., and CHEHARDY, KLIEBERT, BOWES, CURRAULT, GAUDIN and GRISBAUM, JJ., and DUFRESNE, J., sitting en banc.


BOUTALL, Chief Judge.

This is a medical malpractice suit. From a judgment maintaining an exception of prescription and dismissing their suit, the plaintiffs have appealed.

The sole question before us is whether the trial court was in error in maintaining the exception.

Robert Maltby and his wife Robin Posey Maltby allege that surgery performed negligently on Mrs. Maltby by Dr. Kohlmann Gauthier at Metairie...

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