DEAS v. LOUISIANA DEPARTMENT OF HEALTH AND HUMAN RESOURCES

No. 86-CC-0102.

507 So.2d 824 (1987)

Alice DEAS v. The LOUISIANA DEPARTMENT OF HEALTH AND HUMAN RESOURCES et al.

Supreme Court of Louisiana.

May 28, 1987.


Attorney(s) appearing for the Case

Kurt Forshag, Metairie, for applicant.

Dennis Phayer, Vincent Glorioso, Jr., Glorioso, Welcher & Zaunbrecher, New Orleans, for respondent.


LEMMON, Justice.

This is a medical malpractice action. The issue is whether La.R.S. 9:5628, which sets an outside limit of three years on the applicability of the doctrine of contra non valentem agere nulla currit praescriptio in medical malpractice cases, may be used to bar an action which is based on an act or omission that occurred before September 12, 1975, the effective date of the statute.

On June 23, 1975, a tubal ligation was performed upon...

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