HERNANDEZ v. DIVERSIF. HEALTHCARE-ABBEVILLE

No. CA 09-546.

24 So.3d 284 (2009)

Jeanette HERNANDEZ, et al. v. DIVERSIFIED HEALTHCARE-ABBEVILLE, LLC d/b/a Maison Du Monde Living Center.

Court of Appeal of Louisiana, Third Circuit.

November 4, 2009.


Attorney(s) appearing for the Case

Lawrence N. Curtis, Attorney at Law, Lafayette, LA, for Plaintiffs/Appellants, Jeanette Hernandez, Alvin Hernandez, Jr., Shawn P. Hernandez, Matthew D. Hernandez, Kansas A. Hernandez, Estate of Alvin Hernandez, Sr.

Troy Allen Broussard, Allen & Gooch, Lafayette, LA, for Defendant/Appellee, Diversified Healthcare-Abbeville, LLC dba Maison du Monde Living Center.

Court composed of OSWALD A. DECUIR, MICHAEL G. SULLIVAN, and SHANNON J. GREMILLION, Judges.


GREMILLION, Judge.

The plaintiffs, the widow and major children of Alvin Hernandez, Sr., appeal the judgment in favor of the defendant, Diversified Healthcare-Abbeville, LLC d/b/a Maison du Monde Living Center, sustaining its exception of prematurity. The trial court found that the plaintiffs' claims sounded in medical malpractice and, therefore, must first be submitted to the medical review panel. For the following reasons, we affirm.

FACTUAL AND PROCEDURAL...

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