HORIL v. SCHEINHORN

No. 95-C-0967.

663 So.2d 697 (1995)

Ferdinand J. HORIL, Jr. v. David SCHEINHORN, M.D., et al.

Supreme Court of Louisiana.

Rehearing Denied January 12, 1996.


Attorney(s) appearing for the Case

Gregory Carl Weiss, Stephen Robert Barry, Weiss & Eason, New Orleans, for Applicant.

John Joseph Jackson, III, Jackson & Stovall, Metairie, for Respondent.

Stewart Earl Niles, Jr., Patricia Anne Bethancourt, New Orleans, for Risk Management Division of Administration, Amicus Curiae.


HIGHTOWER, Justice Pro Tem.*

After the Fifth Circuit Court of Appeal reversed a district court dismissal of this medical malpractice suit, the Louisiana Patient's Compensation Fund ("the Fund") sought a writ of review. Having granted the application, we hold that a claimant expecting excess recovery from the Fund must closely follow La.R.S. 40:1299.44(C) when requesting court approval of a settlement...

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