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CASTILLO v. MONTELEPRE, INC.

No. 92-3601.

999 F.2d 931 (1993)

Jose L. CASTILLO and, Maria L. Castillo, Plaintiffs-Appellees, Cross-Appellants, v. MONTELEPRE, INC., a/k/a Montelepre Memorial Hospital, Luis R. Oms, M.D., et al., Defendants, Louisiana Patients' Compensation Fund, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 5, 1993.

Attorney(s) appearing for the Case

Stewart E. Niles, Jr., Joan Winters Burmaster, Bruce J. Toppin, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, LA, for appellants.

Camilo Kossy Salas, III, Sessions & Fishman, New Orleans, LA, for appellees.

Before KING, HIGGINBOTHAM and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

In this case we review, principally, the district court's application of Louisiana's Medical Malpractice Act, La.Rev.Stat.Ann. § 40:1299.41-1299.47 (West 1992) (the "Act" or "statute").

I. The Medical Malpractice Act

Louisiana has established a statutory scheme for the prosecution of medical malpractice claims against qualified health care providers. Health care providers who choose to comply with certain of the statute...

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