LeBRETON v. RABITO

No. 97-CC-2221.

714 So.2d 1226 (1998)

Diana LeBRETON v. Felix O. RABITO, M.D., Patrick C. Breaux, M.D. and Thomas A. Krefft, M.D.

Supreme Court of Louisiana.

July 8, 1998.


Attorney(s) appearing for the Case

Edward J. Rice, Arthur F. Hickham, Jr., Adams & Reese, New Orleans, for Applicant.

Eugene P. Redmann, Lloyd W. Hayes, Thomas Hayes & Buckley, New Orleans, for Respondent.

Deborah I. Schroeder, Metairie, for Amici Curiae Lammico.

Amy Waters Phillips, Baton Rouge, for Amici Curiae Louisiana State Medical Society.


KNOLL, Justice.*

The sole issue before us in this medical malpractice claim is whether the lower courts erred as matter of law in applying the general provision on interruption of prescription found in La.Civ.Code art. 3462 simultaneously with the specific provision on suspension of prescription contained in La.R.S. 40:2399.57(A)(2)(a) of the Louisiana Medical Malpractice Act to defeat the defendants' peremptory exception of prescription...

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