EVANS v. CHARITY HOSP. IN NEW ORLEANS

No. 2000-CA-0202.

801 So.2d 1192 (2001)

Wanda EVANS v. CHARITY HOSPITAL IN NEW ORLEANS (now known as Medical Center of Louisiana at New Orleans).

Court of Appeal of Louisiana, Fourth Circuit.

November 14, 2001.


Attorney(s) appearing for the Case

C.A. Fleming, III, Fleming & Rosamond, L.L.P., Metairie, Counsel for Wanda Evans.

Alan D. Weinberger, E. Ralph Lupin, Kathleen A. Mumphrey, Middleberg, Riddle & Gianna, New Orleans, Counsel for Medical Center of Louisiana at New Orleans.

Court composed of Judge CHARLES R. JONES, Judge MIRIAM G. WALTZER, and Judge PATRICIA RIVET MURRAY.


JONES, Judge.

Defendant/appellant, Medical Center of Louisiana at New Orleans, also known as Charity Hospital (hereinafter "Charity"), filed a suspensive appeal, seeking to have this Court review the judgment of the district court, which denied its Dilatory Exception of Prematurity for lack of review by a medical review panel. The appeal concerns whether LSA-R.S. 40:1299.39.1 precludes a patient from bringing a cause of action against a state medical institution for...

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