ESTEVE v. IBERIA PARISH HOSP.

No. 86-1072.

520 So.2d 848 (1987)

Arthur C. ESTEVE, Plaintiff-Appellant, v. IBERIA PARISH HOSPITAL, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied December 18, 1987.


Attorney(s) appearing for the Case

Broussard & Broussard, Marcus A. Broussard, Jr., Abbeville, Lester J. Gauthier, Jr., Lafayette, for plaintiff-appellant.

Watson, Blanche, Wilson & Posner, Todd A. Rossi, Baton Rouge, for defendant-appellee.

Before KNOLL and KING, JJ., and CULPEPPER, J. Pro Tem.


KING, Judge.

The issue presented by this appeal is whether an amending petition which urges a wrongful death claim, which was filed more than one year after the death, could relate back to a timely filed original petition so as to defeat a plea of prescription.

Arthur C. Esteve (hereinafter plaintiff) and his wife filed a medical malpractice claim under the provisions of LSA-R.S. 40:1299.39, et seq., alleging that plaintiff's wife had sustained serious...

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