PAYNE v. NEW ORLEANS GENERAL HOSP.

Nos. 93-CA-0348, 93-CA-0349.

627 So.2d 221 (1993)

Joyce PAYNE, et al. v. NEW ORLEANS GENERAL HOSPITAL, et al.

Court of Appeal of Louisiana, Fourth Circuit.

November 18, 1993.


Attorney(s) appearing for the Case

Allan Berger, Berger and Forstall, PPLC, New Orleans, for Joyce Payne and Calvin Payne, Jr.

William S. Penick, Deborah I. Schroeder, David M. Whitaker, Lemle & Kelleher, New Orleans, for Dr. William McDonnell, Jr., Dr. Kenneth Cox, Dr. Bernard Danton, Dr. Albert Cerniglia, Dr. Maurice Weilbaecher, Dr. Phillip Johnson, and Cox, Danton, Cerniglia, Weilbaecher & Johnson, a Medical Corp. and Ins. Corp. of America, as Their Insurer.

Before BYRNES, WARD and PLOTKIN, JJ.


WARD, Judge.

This is an appeal of a summary judgment dismissing medical malpractice claims against various physicians and their excess liability insurers. On appeal, the plaintiffs argue two issues. They first contend that the $100,000.00 liability cap for damages for a qualified health care provider is unconstitutional, and, secondly, that the limitation is a "personal defense" not available to the liability insurer of a qualified health care provider.

As...

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