FINCHER v. STATE, DEPT. OF HEALTH & HOSP.

No. 29640-CA.

691 So.2d 844 (1997)

Luna McBryde FINCHER, individually and as natural tutrix of her son, Jack Allison McBryde, Plaintiff-Appellee, v. STATE of Louisiana, DEPARTMENT OF HEALTH & HOSPITALS, et al., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied May 1, 1997.


Attorney(s) appearing for the Case

Richard P. Ieyoub, Attorney General, Jerald L. Perlman, Assistant Attorney General, for Defendants-Appellants.

William D. Hall, Shreveport, for Plaintiff-Appellee.

Before NORRIS, HIGHTOWER and CARAWAY, JJ.


NORRIS, Judge.

The issue in this appeal is whether the plaintiff's claim, which is framed as a tort suit, is actually a medical malpractice action which must first be heard by a medical review panel ("MRP"). The District Court ruled that it was not, and dismissed the defendant's exception of prematurity. The defendant now appeals. For the reasons expressed, we reverse the judgment, sustain the exception of prematurity, and dismiss the plaintiff's suit without prejudice...

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