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FAVAROTH v. APPLEYARD

No. 2000-CA-0359.

785 So.2d 262 (2001)

Cederick FAVAROTH v. Sean Brian APPLEYARD, M.D., and Van Meter and Associates, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearings Denied May 31 and June 15, 2001.

Attorney(s) appearing for the Case

George J. Nalley, Jr., Dona J. Dew, George J. Nalley, Jr., A.P.L.C., Metairie, Counsel for Plaintiff/Appellant.

B. Aven Bruser, Monica A. Frois, Joseph Giarrusso, Jr., McGlinchey Stafford, New Orleans, Counsel for Defendant/Appellee.

Larry M. Roedel, David A. Woolridge, Jr., Roedel, Parson, Koch, Frost, Balfoff & McCollister, Baton Rouge, Amicus Curiae.

Court composed of Judge MIRIAM G. WALTZER, Judge TERRI F. LOVE, Judge DAVID S. GORBATY.

WALTZER, Judge.

Cederick Favaroth appeals the trial court's judgment dismissing his medical malpractice claims against Van Meter and Associates, finding that Favaroth did not submit his malpractice claims against Van Meter to a pre-suit medical review panel, a procedural requirement of the Louisiana Medical Malpractice Act. On appeal, we are confronted with a single legal issue, whether the LMMA's procedural requirement, that medical malpractice claimants submit their...

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