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BENNETT v. KRUPKIN

No. 2000 CA 0023R.

814 So.2d 681 (2002)

Elena Ledo BENNETT and Micah Keith Bennett v. Dr. Robert KRUPKIN and St. Paul Fire and Marine Insurance Company.

Court of Appeal of Louisiana, First Circuit.

Writ Denied June 21, 2002.

Attorney(s) appearing for the Case

Steve Thompson, Baton Rouge, for Plaintiffs/Appellees, Elena Bennett and Micah Bennett.

Donald Zuber, Baton Rouge, Robert Wilson, Dallas, TX, for Defendant/Appellee, Dr. Robert Krupkin.

Margaret Bradley, Metairie, for Defendant, St. Paul Fire & Marine Ins. Co.

David A. Woolridge, Jr., Baton Rouge, for Intervenor/Appellant, Louisiana Patient's Compensation Fund Oversight Board.

Before: WHIPPLE, FOGG and GUIDRY, JJ.

WHIPPLE, J.

This medical malpractice action is before us on remand from the Supreme Court, with instructions for this court to review the propriety of the trial court's judgment maintaining the exception of prematurity filed by Dr. Robert Krupkin. In maintaining the exception of prematurity, the trial court dismissed plaintiffs' claims against Dr. Krupkin without prejudice, on the basis that he was a qualified health care provider, and, accordingly, plaintiffs were...

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