JAMES v. HODGES

No. 93-CC-1443.

623 So.2d 1317 (1993)

Henry JAMES, etc. v. Lily HODGES, M.D. et al.

Supreme Court of Louisiana.

September 17, 1993.


Granted. Judgment of the trial court denying the exception of prematurity is reversed. The allegations of plaintiff's petition fall within the scope of the medical malpractice act. Accordingly, the exception of prematurity is sustained, and the case remanded to the trial court with instructions to dismiss plaintiff's suit as premature. La.R.S. 40:1299.47(B); Code Civ.P. art. 933.

DENNIS, J., would deny and dissents from the Court's summary action and opinion.

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