SCOTT v. HALEY

No. 93 CA 0557.

632 So.2d 793 (1993)

Milton SCOTT, et al. v. Dr. Henry M. HALEY, Jr., et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied February 23, 1994.


Attorney(s) appearing for the Case

Alan Dean Weinberger, New Orleans, for plaintiff-appellant Milton Scott, et al.

Daniel A. Reed, Baton Rouge, for defendant-appellee Dr. Henry M. Haley, Jr. and Eye Care & Surgery Center.

Before LOTTINGER, C.J., and FOIL and GONZALES, JJ.


LOTTINGER, Chief Judge.

This medical malpractice case presents two prescription issues. The first is whether an amending petition asserting a wrongful death claim, filed more than a year after the decedent's death, can relate back to a timely filed original petition which asserts a survival action. The second, is whether a complaint filed with the Medical Malpractice Review Panel suspends prescription on a wrongful death claim which was not set forth in the complaint...

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