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RICHARD EX REL. DEVILLE v. LA. EXT. CARE

No. 01-1492.

809 So.2d 1248 (2002)

Patricia RICHARD, On Behalf of Edna Deville, v. LOUISIANA EXTENDED CARE CENTERS, INC.

Court of Appeal of Louisiana, Third Circuit.

March 6, 2002.

Attorney(s) appearing for the Case

Chris Paul Villemarette, J. Minos Simon, Ltd., Lafayette, LA, for Patricia Richard.

Victor Herbert Sooter, Sooter & Savoie, Alexandria, LA, for Louisiana Extended Care Centers, Inc.

Court composed of SYLVIA R. COOKS, MARC T. AMY and GLENN B. GREMILLION, Judges.

AMY, Judge.

The curatrix of a nursing home resident filed suit against the nursing home alleging the resident sustained serious injury as a result of an employee's negligent or tortious conduct. The defendant filed an exception of prematurity, arguing that the action was controlled by the Medical Malpractice Act insofar as it required initial submission to a medical review panel. The plaintiff alleged that a separate remedy...

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