CHATMAN v. ABC INS. CO.

No. 88-C-1147.

534 So.2d 1 (1988)

Johnnie L. CHATMAN, et al. v. ABC INSURANCE CO. In re Simon V. WARD, M.D.

Court of Appeal of Louisiana, Fourth Circuit.

July 1, 1988.


Attorney(s) appearing for the Case

H. Martin Hunley, Jr., Peter E. Sperling, New Orleans, for relator.

Judith A. Gic, Adolph J. Levy, New Orleans, for respondents.

Before GULOTTA, GARRISON and PLOTKIN, JJ.


In this medical malpractice suit resulting from the birth of a child, with Erb's Palsy, defendant-relator, an obstetrician, seeks supervisory writs from the trial court's denial of his exception of prescription. According to relator, plaintiffs' suit filed on December 16, 1986 was untimely under LSA-R.S. 9:5628 where plaintiffs were notified from the time of their child's birth on December 17, 1984, that there was a problem with the child's left arm. Furthermore, according...

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