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MESEKE v. ST. FRANCIS MEDICAL CENTER

No. 40,317-CA.

914 So.2d 136 (2005)

Lucille MESEKE, Gordon Meseke, Grace Battista, Gloria Galloway Individually and on Behalf of the Decedent, Erich Meseke, Plaintiffs-Appellees v. ST. FRANCIS MEDICAL CENTER, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

October 26, 2005.

Attorney(s) appearing for the Case

Hayes, Harkey, Smith & Cascio, L.L.P., by John C. Roa, Laura S. Achord, Monroe, for Appellant.

Fewell-Kitchens, by Byron D. Kitchens, for Appellee.

Before BROWN, GASKINS, and PEATROSS, JJ.

BROWN, C.J.

Defendant, St. Francis Medical Center, Inc., has appealed from the trial court's judgment denying its exception of prematurity which asserted that, under the provisions of the Louisiana Medical Malpractice Act ("LMMA"), the complaint filed by plaintiffs, the surviving spouse and children of Erich Meseke, first had to be presented to a medical review panel pursuant to the provisions of La. R.S. 40:1299.47. For the reasons set forth below, the judgment of...

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