WARREN v. LOUISIANA MEDICAL MUT. INS. CO.

No. 2007-CC-0492.

21 So.3d 186 (2008)

Pamela WARREN, Theresa Rene Warren, and Sarah Warren Jimenez v. LOUISIANA MEDICAL MUTUAL INSURANCE COMPANY, Jeffrey A. Lamp, M.D., Robyn B. Germany, M.D., Sandra Moody, NP-C, and Family Health of Louisiana, Inc.

Supreme Court of Louisiana.

Rehearing Granted February 13, 2009.

Opinion Vacating Original Opinion on Rehearing June 26, 2009.


Attorney(s) appearing for the Case

Kean, Miller, Hawthorne, DÁrmond, McCowan & Jarman, Linda G. Rodrigue, Jennifer Jones Thomas, Baton Rouge, for applicant.

McGlynn, Glisson & Koch, Benjamin Paul Mouton, Baton Rouge, for respondent.


CALOGERO, Chief Justice.

Today we reaffirm our jurisprudence applying La.Code Civ. Proc. art. 1153 to the amendment of a timely filed petition, an amendment that adds a major child's wrongful death action arising from the death of her father, to find that the amendment relates back to the date of filing of the original petition for wrongful death and survival actions by the wife and another major child of the decedent against the defendant health care providers. ...

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