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LUCAS v. TENET HEALTH SYSTEM HOSPITALS, INC.

No. 2001-CA-2219.

818 So.2d 269 (2002)

Sandra Lucas, Wife of/and Joseph A. LUCAS v. TENET HEALTH SYSTEM HOSPITALS, INC. formerly known as National Medical Enterprises, Inc. d/b/a St. Charles General Hospital and the Blood Center.

Court of Appeal of Louisiana, Fourth Circuit.

May 1, 2002.

Attorney(s) appearing for the Case

Lawrence S. Kullman, Lewis, Kullman & Sterbcow, New Orleans, LA, for Plaintiff/Appellant.

Raymond J. Pajares, Richard C. Badeaux, Aubert & Pajares, L.L.C., Covington, LA, for Defendant/Appellee.

(Court composed of Judge CHARLES R. JONES, Judge DENNIS R. BAGNERIS, SR., and Judge DAVID S. GORBATY).

DENNIS R. BAGNERIS, SR., Judge.

Sandra and Joseph Lucas appeal a trial court judgment granting an exception of prescription brought by the defendant, The Blood Center. At issue is the trial court's application of the three-year preemptive period set forth in La.R.S. 9:5628, which provides a special prescriptive period for medical malpractice actions, to the Lucas' claim against The Blood Center. For the following reasons, we reverse and remand to trial court for trial...

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