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BUELLE v. PERIOU

No. 2004 CA 2733.

927 So.2d 1126 (2005)

Robin BUELLE and Kenneth S. Smith v. Thomas PERIOU, M.D. and Fireman's Fund Insurance Company.

Court of Appeal of Louisiana, First Circuit.

Writ Denied April 24, 2006.

Attorney(s) appearing for the Case

Irvy E. Cossé, III, New Orleans, Counsel for Plaintiffs/Appellees Robin Buelle and Kenneth S. Smith.

Deborah Deo Gracias Trahan, Jacques F. Bezou, Covington, Counsel for Defendant/Appellant Thomas Periou, M.D.

C. Michael Pfister, Monica E. Gant, Metairie, Counsel for Defendant/Appellant Fireman's Fund Insurance Company.

Before: KUHN, GUIDRY, and PETTIGREW, JJ.

GUIDRY, J.

Defendants appeal a trial court judgment overruling their dilatory exception raising the objection of prematurity. The trial court concluded that the plaintiff was not required to submit her claim to a medical review panel pursuant to the Louisiana Medical Malpractice Act ("MMA"), La. R.S. 40:1299.41 et seq. For the reasons that follow, we affirm.

FACTUAL AND PROCEDURAL HISTORY

On June 17, 2004, plaintiff, Robin Buelle, filed suit...

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