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GINN v. WOMAN'S HOSPITAL FOUNDATION, INC.

No. 2002-C-1913.

842 So.2d 338 (2003)

Shirley Ann GINN v. WOMAN'S HOSPITAL FOUNDATION, INC. and Shirley Ann Ginn, v. Woman's Hospital Foundation, Inc., Louisiana Patient's Compensation Fund.

Supreme Court of Louisiana.

April 9, 2003.

Attorney(s) appearing for the Case

William L. Wilson, Taylor, Porter, Brooks & Phillips, for Applicant.

Pater T. Dazzio, Baton Rouge, Watson, Blanche, Wilson & Posner; Keith D. Jones, Baton Rouge, Jones, Aaron & Smith, Michael G. Durand, Lafayette, for Respondent.

KIMBALL, Justice.

We granted certiorari to consider the issue of whether the provisions of La. R.S. 40:1299.44(C) of the Medical Malpractice Act apply when the health care provider, and not its insurer, agrees to settle its liability with claimant and pays plaintiff $100,000.00, and plaintiff demands excess damages from the Patient's Compensation Fund. After examining the plain language of La. R.S. 40:1299.44(C), we conclude its provisions are not applicable, and...

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