CAMPO v. CORREA

No. 2001-C-2707.

828 So.2d 502 (2002)

Alvin CAMPO, individually and on behalf of the minor Children, Joshua Hall Campo and Jessi Lynn Campo, and Pamela Campo v. Amilcar CORREA, M.D., and Galen-Med, Inc. (f/k/a Humedicenter, Inc., f/d/b/a Humana Hospital-New Orleans).

Supreme Court of Louisiana.

June 21, 2002.


Attorney(s) appearing for the Case

Oscar L. Shoenfelt, III, Baton Rouge, Counsel for Applicant.

Kelly E. Barbier, Gina A. Gennusa, Thomas A. Gennusa, II, Metairie, Franklin D. Beahm, New Orleans, Joseph E. Windmeyer, Jr., Metairie, BEAHM & GREEN; Scott W. Smith, Counsel for Respondent.


KNOLL, Justice.

This medical malpractice case primarily addresses two prescription issues concerning the date of discovery. The initial issue before us is whether the plaintiffs' petition was prescribed on its face when plaintiffs' claims are brought within one year from the date of discovery, but not more than three years from the alleged act of malpractice. As to this issue, there is a split among the circuits. The second question before us, which is complementary...

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