MALTBY v. GAUTHIER

No. 86-C-1123.

506 So.2d 1190 (1987)

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

Supreme Court of Louisiana.

May 18, 1987.


Attorney(s) appearing for the Case

John Ferrara, New Orleans, for applicant.

Rene' A. Curry, Jr., J.T. Holmes, Ralph Kaskell, Jr., Nancy J. Marshall, Frederick R. Bott, Deutsch, Kerrigan & Stiles, New Orleans, Robert E. Birtel, Metairie, M. Arnaud Pilie, Pilie & Pilie, New Orleans, for respondent.


LEMMON, Justice.

The issue in this case is whether La.R.S. 9:5628 operates to bar an action for damages caused by medical malpractice based on acts or omissions by health care providers which occurred prior to the effective date of the statute, when the action was not filed within three years of the effective date. Inasmuch as there is no indication of any legislative intent, either expressed in the statute or implied from an analysis of the overall language and purpose...

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