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SIMMONS v. REHAB XCEL, INC.

No. 98-1944.

731 So.2d 529 (1999)

Jimmy E. SIMMONS, et ux., Plaintiffs-Appellants, v. REHAB XCEL, INC., et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

May 5, 1999.

Attorney(s) appearing for the Case

Gregory P. Marceaux, Louis D. Bufkin, Lake Charles, for Jimmy E. Simmons, et ux.

John E. Bergstedt, Lake Charles, for Bonnie Drumwright, M.D.

Yul Dubart Lorio, Lake Charles, for Condea Vista.

Raymond Joseph Pajares, Richard Badeaux, Covington, for Kelsey-Seybold Medical Group, et al.

Before PETERS, AMY and GREMILLION, Judges.

AMY, Judge.

In this appeal from the trial court's grant of the defendant's exception of prematurity, the plaintiff contends that his claim is not governed by Louisiana's Medical Malpractice Act, La.R.S. 40:1299.41, et seq., and, hence, that the trial court erred in ruling that he must first present his claim to a medical review panel as required by the statute. Finding no error in that ruling, we affirm.

Factual...

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