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KIRBY v. FIELD

No. 2004 CA 1898.

923 So.2d 131 (2005)

Troy KIRBY v. Samuel B. FIELD, M.D.

Court of Appeal of Louisiana, First Circuit.

September 23, 2005.

Attorney(s) appearing for the Case

Robert T. Knight, West Monroe, Counsel for Plaintiff/Appellant Troy Kirby.

Vance A. Gibbs, Randal R. Cangelosi, Tiffany C. Sues, Baton Rouge, Counsel for Defendant/Appellee Samuel E. Field, Jr., M.D.

Before: CARTER, C.J., DOWNING and GAIDRY, JJ.

GAIDRY, J.

The plaintiff-appellant, Troy Kirby, appeals a judgment sustaining peremptory exceptions of no cause of action and prescription and a dilatory exception of prematurity, and dismissing his medical malpractice action. We affirm the judgment, but amend it in certain procedural respects.

FACTS AND PROCEDURAL HISTORY

Mr. Kirby was a patient of the defendant-appellee, Samuel E. Field, Jr., M.D. Dr. Field had surgically implanted a Mediport catheter...

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