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PENDLETON v. BARRETT

No. 95-CC-2066.

675 So.2d 720 (1996)

Marcia Thomas PENDLETON v. Robert L. BARRETT, et al.

Supreme Court of Louisiana.

Rehearing Denied June 28, 1996.

Attorney(s) appearing for the Case

Troy E. Bain, for Applicant.

Milo Addison Nickel, Woodley, Williams, Fenet, Boudreau, Norman & Brown; Jack O. Brittain, Michele S. Caballero, for Respondent.

John Layne Hammons, for John L. Hammons amicus curiae.

Lawrence S. Killman, John Layne Hammons, for Louisiana Trial Lawyers Association amicus curiae.

Anthony Christopher Robinson, for Office of Risk Management amicus curiae.

Michelle Anne Bourque, for Tulane University Medical Center and Administrators of Tulane Education Fund amicus curiae.

Cristina Romig Wheat, for Ochsner Foundation Hospital amicus curiae.

CALOGERO, Chief Justice.*

This case requires interpretation and application of La.R.S. 40:1299.44(C)(5), the provision of the Louisiana Medical Malpractice Act having to do with the Patient's Compensation Fund's excess exposure. In the event a medical malpractice plaintiff is paid $100,000 by a self-insured qualified health care provider, or the $100,000 policy limits by the insurer of a qualified health care provider, and then seeks additional...

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