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PAYNE v. NEW ORLEANS GENERAL HOSP.

No. 92-CA-1456.

611 So.2d 777 (1992)

Joyce PAYNE, Individually and as the Tutrix of Calvin Payne, and Calvin Payne, Individually v. NEW ORLEANS GENERAL HOSPITAL, ABC Insurance Company, Dr. William Bell, III, DEF Insurance Company, Keith Van Meter & Associates, GHI Insurance Company, Hotel Dieu Hospital, LMN Insurance Company, Dr. William M. McDonnell (or McDonald), et al.

Court of Appeal of Louisiana, Fourth Circuit.

December 15, 1992.

Attorney(s) appearing for the Case

Allan Berger, Warren A. Forstall, Jr., Berger and Forstall, PPLC, New Orleans, for plaintiffs/appellees.

C.T. Williams, Jr., J. Elliott Baker, Blue, Williams & Buckley, Metairie, for intervenor/appellant, Louisiana Patient's Compensation Fund and Oversight Bd.

Before SCHOTT, C.J., and KLEES and WALTZER, JJ.

WALTZER, Judge.

The Louisiana Patient's Compensation Fund and Oversight Board (the Fund) appeals the trial court's ruling sustaining plaintiffs' Exception of Prematurity. This court must determine whether the Fund may intervene in a medical malpractice action prior to the rendering of judgment, settlement, or award in arbitration.

On January 16, 1985, Joyce Payne and her son, Calvin Payne (the Paynes), filed a malpractice action in connection with medical...

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