HEBERT v. CHATEAU LIVING CENTER, L.L.C.

No. 02-CA-462.

836 So.2d 489 (2002)

Rosella HEBERT, et al. v. CHATEAU LIVING CENTER, L.L.C., et al.

Court of Appeal of Louisiana, Fifth Circuit.

December 30, 2002.


Attorney(s) appearing for the Case

Brett M. Dupuy, Metairie, LA, for Plaintiffs/Appellants.

James E. Wright, Amy M. Winters, Conrad Meyer, New Orleans, LA, for Defendants/Appellees.

Panel composed of Judges EDWARD A. DUFRESNE, JR., SOL GOTHARD, THOMAS F. DALEY, MARION F. EDWARDS, and SUSAN M. CHEHARDY.


SOL GOTHARD, Judge.

Plaintiffs appeal a decision of the trial court that maintained an exception of prematurity for failure to first present their claim to a medical review panel pursuant to the Medical Malpractice Act, LSA-R.S. 40:1299.41, et seq. For reasons that follow, we reverse.

The only issue for our review in this appeal is whether a plaintiff, who has stated a cause of action under the Nursing Home Residents' Bill of Rights Act embodied in LSA-R.S...

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