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MEDICAL REVIEW PANEL v. MEADOWCREST HOSP.

Nos. 2003-CA-0272, 2003-CA-0273, 2003-CA-0274.

858 So.2d 99 (2003)

In re MEDICAL REVIEW PANEL PROCEEDINGS FOR THE CLAIM OF Allan TINOCO Individually, and on behalf of his Wife, Martha Tinoco and their two minor Children Diana Tinoco and Monica Tinoco v. MEADOWCREST HOSPITAL and Stephen Garcia. Allan Tinoco and Martha Tinoco, Individually and on behalf of their two minor Children, Diana Tinoco and Monica Tinoco v. Maxim Healthcare Services, Inc., and Stephen Garcia. In re Medical Review Panel Proceedings for the Claim of Allan Tinoco Individually, and on Behalf of his Wife, Martha Tinoco and their two minor Children, Diana Tinoco and Monica Tinoco v. Meadowcrest Hospital and Stephen Garcia.

Court of Appeal of Louisiana, Fourth Circuit.

September 17, 2003.

Attorney(s) appearing for the Case

Eileen McCarthy Brown, New Orleans, LA, and Oscar L. Shoenfelt, III, Oscar L. Shoenfelt, III, L.L.C., Baton Rouge, LA, for Plaintiff/Appellees Allan Tinoco, et al.

Arthur H. Leith, Deborah A. Van Meter and Margaret Diamond, McGlinchey Stafford, PLLC, and Robert E. Kerrigan, Jr., Philip D. Lorio, III, Deutsch, Kerrigan And Stiles, L.L.P., New Orleans, LA, for Appellants Maxim Healthcare, Inc., and Ace American Insurance Company.

Gregg L. Spyridon, Cynthia C. Branch and Elaine W. Selle, Spyridon Koch & Palermo, L.L.C., Metairie, LA, for Appellants Stephen Garcia and American Casualty Company of Reading, PA.

Larry M. Roedel, David A. Woolridge, Jr., Roedel, Parsons, Koch, Blanche, Balhoff & McCollister, Baton Rouge, LA, for Intervenor, The Louisiana Patient's Compensation Fund Oversight Board.

Peter E. Sperling, Ann Marie Leblanc, Frilot, Partridge, Kohnke and Clements, L.C., New Orleans, LA, for Amicus Curiae, Tenet Health System Hospitals, Inc., d/b/a Meadowcrest.

(Court composed of Judge MICHAEL E. KIRBY, Judge MAX N. TOBIAS, JR., Judge LEON A. CANNIZZARO, JR.).

LEON A. CANNIZZARO JR., Judge.

This case involves the denial of exceptions of prematurity and venue by the trial court in a medical malpractice action. For the reasons set forth below, we remand this case to the trial court for further proceedings.

FACTS AND PROCEDURAL HISTORY

The plaintiff, Allan Tinoco, was injured when he fell from a ladder. He was admitted to Charity Hospital of Louisiana ("Charity") and diagnosed with a partial dislocation involving...

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