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NATHAN v. TOURO INFIRMARY

No. 87-C-0635.

512 So.2d 352 (1987)

Max NATHAN, Jr., in his Capacity as the Executor of the Succession of Herbert Nathan and in his Individual Capacity as an Heir or Legatee of Herbert Nathan v. TOURO INFIRMARY; the Board of Managers of Touro Infirmary; and Gordon P. Nutik, M.D.

Supreme Court of Louisiana.

Rehearing Denied October 29, 1987.

Attorney(s) appearing for the Case

Camilo Salas, III, Sessions, Fishman, Rosenson, Boisfontaine & Nathan, New Orleans, for applicant.

Harold Thomas, Robert Ford, Lemle, Kelleher, Kohlmeyer, Dennery, Moss & Frilot, H. Martin Hunley, New Orleans, for respondents.

DIXON, Chief Justice.

The present action involves damages suffered by Herbert Nathan as a result of alleged malpractice committed by Dr. Gordon P. Nutik and Touro Infirmary during treatment for a broken hip in September and October, 1983. On October 10, 1984, Herbert Nathan filed a malpractice complaint with the Medical Review Panel as required by the Medical Malpractice Act prior to filing suit against a health care provider covered by the act. R.S. 40:1299.47.

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