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PATIN v. ADMIN. OF TULANE EDUCATIONAL FUND

No. 99-CA-3027.

770 So.2d 816 (2000)

Donald A. PATIN, and Lorraine Randolph v. The ADMINISTRATORS OF the TULANE EDUCATIONAL FUND, d/b/a Tulane Medical Center Hospital and Clinic, and Columbia Healthcare Systems

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied November 15, 2000.

Attorney(s) appearing for the Case

Harry T. Widmann, Metairie, Louisiana, for Plaintiffs/Appellants.

C. William Bradley, Jr., Michael S. Sepcich, Colleen B. Hand, Lemle & Kelleher, L.L.P., New Orleans, Louisiana, for Defendant/ Appellee (Touro Infirmary).

Court composed of Judge JAMES F. McKAY, III, Judge MICHAEL E. KIRBY, Judge PHILIP C. CIACCIO, Pro Tem.

KIRBY, J.

Plaintiffs, Mr. Donald Patin and Ms. Lorraine Randolph, appeal the granting of an Exception of Prematurity, based on the finding of the trial court that their claim fell under the Louisiana Medical Malpractice Act (MMA). We reverse because distribution of blood between hospitals does not qualify as health care under the MMA.

STATEMENT OF THE FACTS

In August 1980, Donald Patin was hospitalized at Tulane Medical Center. While hospitalized...

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