BOREL v. YOUNG

No. 2007-C-0419.

989 So.2d 42 (2007)

Minos BOREL, Sr. et al. v. Dr. Clinton YOUNG and Louisiana Medical Mutual Insurance Company.

Supreme Court of Louisiana.

Opinion Granting Rehearing July 1, 2008.

Concurring Opinion on Denial of Second Application for Rehearing August 29, 2008.


Attorney(s) appearing for the Case

P. Chris Christofferson, APLC, Patricia Christofferson, for applicant.

Judice & Adley, Marc W. Judice, Lafayette, Harry Lane Tuten, III; Gachassin Law Firm, Janice Marie Culotta, Baton Rouge, for respondent.

Judice & Adley, Marc W. Judice, Lafayette, Harry Lane Tuten, III; Gachassin Law Firm, Daniel Charles Palmintier, Nicolas Gachassin, Jr., Lafayette, for respondent, on rehearing.

Kara Maureen Hadican, New Orleans, Robert Jefferson David, Lafayette, for amicus curiae Association for Justice, Louisiana, on rehearing.

Amy Waters Phillips, Baton Rouge, Robert Gahagan Pugh, Jr., Shreveport, for amicus curiae, Louisiana State Medical Society, on rehearing.

William Luther Wilson, Hon. James D. Caldwell, for amicus curiae, State of Louisiana, on rehearing.


KNOLL, Justice.

This medical malpractice action presents the question of whether a lawsuit is perempted by virtue of La.Rev.Stat. § 9:5628 because it was not filed within three years from the date of the alleged malpractice. The plaintiffs filed the instant suit against defendant physician over five years after the alleged malpractice occurred. In response, defendant filed a peremptory exception of prescription and argued before the district court the claim was...

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