W.P. v. UNIVERSAL HEALTH SVCS. FOUNDATION

No. 11-CA-801.

91 So.3d 1097 (2012)

W.P. and E.P. Individually and on Behalf of their minor son, H.P. v. UNIVERSAL HEALTH SERVICES FOUNDATION d/b/a River Oaks Child and Adolescent Hospital.

Court of Appeal of Louisiana, Fifth Circuit.

March 27, 2012.


Attorney(s) appearing for the Case

Tracey R. Bryan , Attorney at Law, Metairie, LA, for Plaintiff/Appellant.

David A. Bowling , Susannah C. McKinney , Attorneys at Law, New Orleans, LA, for Defendant/Appellee.

Panel composed of Judges SUSAN M. CHEHARDY, WALTER J. ROTHSCHILD, and FREDERICKA HOMBERG WICKER.


WALTER J. ROTHSCHILD, Judge.

Plaintiffs, W.P. and E.P., individually and on behalf of their minor child, H.P., filed the instant petition for damages against River Oaks Child and Adolescent Hospital alleging that River Oaks was negligent in failing to prevent a sexual assault to H.P. which occurred while H.P. was a patient at the hospital. River Oaks responded with a dilatory exception of prematurity on the basis that the claims were governed by the Louisiana Medical...

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