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ABATE v. HEALTHCARE INTERN., INC.

Nos. 89-CC-2737, 89-CC-2748.

560 So.2d 812 (1990)

Kathy B. Abate, Wife of/and Charles V. ABATE, Jr. v. HEALTHCARE INTERNATIONAL, INC., Alpha Stress Care, Inc., and Ali A. Salehi, M.D. Joe REED, Husband of/and Dorothy Reed v. ST. CHARLES GENERAL HOSPITAL, the Blood Center for Southeast Louisiana, Inc. and Drs. Treuting, Simpson, and the Pathology Laboratory.

Supreme Court of Louisiana.

Rehearing Denied May 24, 1990.

Attorney(s) appearing for the Case

C. Scott Carter, New Orleans, for applicants Kathy and Charles Abate.

Albert H. Hanemann, Jr., Susan C. Northrop, Lemle & Kelleher, Kurt Blankenship, Lanny Zatzkis, New Orleans, William J. Guste, Jr., Atty. Gen., for respondents Healthcare Intern., Inc., Alpha Stress Care, Inc., and Ali Salehi.

Russ Herman, Mark R. Wolfe, Herman Herman Katz & Cotlar, New Orleans, for applicants Joe and Dorothy Reed.

Edward Rodrigue, Jr., Terry Deffes, Boggs, Loehn & Rodrigue, New Orleans, Leo R. Hemelt, II, Windhorst, Gaudry, Talley & Ransom, Harvey, Robert Young, Jr., Young, Richaud, Theard & Myers, New Orleans, for respondents St. Charles Gen. Hosp., the Blood Center for Southeast La., Inc., and Drs. Treuting, Simpson and the Pathology Lab.

COLE, Justice.*

The issue is whether a health care provider must "qualify" under the provisions of the Medical Malpractice Act, LSA-R.S. 40:1299.41 et seq., prior to the commission of the alleged tortious conduct in order for the conduct to be covered by the Act.

The defendants in the two cases consolidated for our review were not enrolled in the Patient Compensation Fund (PCF...

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