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LEBRETON v. RABITO

No. 94-CA-1440.

650 So.2d 1245 (1995)

In re Medical Review Panel Diana LEBRETON v. Felix O. RABITO, M.D., Patrick C. Breaux, M.D. and Thomas A. Krefft, M.D.

Court of Appeal of Louisiana, Fourth Circuit.

February 23, 1995.

Attorney(s) appearing for the Case

C. John Caskey, Baton Rouge, for plaintiff-appellant.

Edward J. Rice, Jr., Arthur F. Hickham, Jr., Adams and Reese, New Orleans, for defendants-appellees.

Before SCHOTT, C.J., and ARMSTRONG and MURRAY, JJ.

SCHOTT, Chief Judge.

Pursuant to LSA-R.S. 40:1299.47, plaintiff, Diana Lebreton, filed a request for a review by a medical review panel of her malpractice claim against defendants, Drs. Rabito and Breaux. Invoking the provisions of § 1299.47(B)(2), defendants filed an exception asserting that plaintiff had no right of action under C.C.P. art. 927(5) to bring her claim against them. The trial court sustained the exception and dismissed her claim. The principal...

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