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ATKINSON v. LAMMICO INS. CO.

No. 11-13.

63 So.3d 1176 (2011)

Mickey ATKINSON, et al. v. LAMMICO INSURANCE COMPANY, et al.

Court of Appeal of Louisiana, Third Circuit.

May 4, 2011.

Attorney(s) appearing for the Case

Randall M. Seeser , Joseph P. Landreneau , Gold, Weems, Bruser, Sues & Rundell, Alexandria, LA, for Defendants/Appellees, Healthcare Indemnity Insurance Company Dr. Martin Young.

Michael G. Hodgkins , Veron, Bice, Palermo & Wilson, LLC, Lake Charles, LA, for Plaintiffs/Appellees, Mickey Atkinson, Amy Atkinson.

David A. Woolridge, Jr. , Roedel, Parsons, Koch, Blache, Balhoff & McCollister, A.L.C., Baton Rouge, LA, for Third Party Appellant, Louisiana Patients' Compensation Fund Oversight Board.

Court composed of JIMMIE C. PETERS, MARC T. AMY and PHYLLIS M. KEATY, Judges.

AMY, Judge.

The plaintiffs filed suit, alleging that their minor child suffered damages as a result of a physician's failure to test his brother for a genetic disorder. The defendants filed an exception of prematurity, arguing that the plaintiffs had failed to exhaust the remedies available in the Louisiana Medical Malpractice Act (MMA) prior to the institution of suit. The trial court determined that the child was a "patient" for the purposes of the MMA and granted...

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