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SMART v. WEST JEFFERSON MEDICAL CENTER

No. 09-CA-366.

28 So.3d 1119 (2009)

Rev. James SMART, III, Eugene Smart, Janis Boatner Furbush and Justin Smart v. WEST JEFFERSON MEDICAL CENTER, Ebony Dickerson, RN, Deborah Rodrigue, RN, Mary Turner, RN, Eloise Buras, LPN, Brigetta Yancy, M.D. and Billy R. Procell, M.D.

Court of Appeal of Louisiana, Fifth Circuit.

Writ Denied February 12, 2010.

Attorney(s) appearing for the Case

John D. Rawls, Attorney at Law, Laramie, Wyoming, for Plaintiff/Appellant.

James D. "Buddy" Caldwell, Attorney General, J. Elliott Baker, Special Assistant Attorney General, Attorney General's Office, Covington, Louisiana, for Intervenor/Appellee.

Carlton I. Jones, III, David A. Woolridge, Jr., Attorneys at Law, Baton Rouge, Louisiana, for Intervenor/Appellee.

Paul M. Batiza, Attorney at Law, Metairie, Louisiana, for Defendant/Appellee.

Peter J. Butler, Richard G. Passler, Michael C. Luquet, Lydia Habliston Toso, Attorneys at Law, Gretna, Louisiana, for Defendant/Appellee.

Panel composed of Judges MARION F. EDWARDS, WALTER J. ROTHSCHILD, and JUDE G. GRAVOIS.

WALTER J. ROTHSCHILD, Judge.

In this medical malpractice case, appellants seek review of a trial court ruling on issues of prescription and constitutionality of the statute. For the reasons stated herein, we affirm the trial court's judgment.

On October 13, 2006,1 Henry Walton, acting through power of attorney held by The Rev. James Smart, III, filed a claim for medical malpractice and a request for a medical review panel against...

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