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WARD v. VIVIAN HEALTHCARE AND REHAB. CENTER

No. 47,649-CW.

116 So.3d 870 (2013)

Vickie Watson WARD, Individually and on Behalf of the Estate of Mancil Watson, Respondent v. VIVIAN HEALTHCARE AND REHABILITATION CENTER, Applicant. In re Medical Review Panel of Mancil Watson (Deceased) PCF No. 2010-00755.

Court of Appeal of Louisiana, Second Circuit.

May 15, 2013.

Attorney(s) appearing for the Case

William C. Monroe , for Respondent.

McGlinchey Stafford, PLLC, by Deirdre Claire McGlinchey , Shreveport, LA, Cara E. Hall , New Orleans, LA, for Applicant Nexion Health at Vivian, Inc. d/b/a Vivian Healthcare Center.

Frank Hardy Thaxton, III , Shreveport, LA, for Applicant Louisiana Patients Compensation Fund.

Before WILLIAMS, STEWART and MOORE, JJ.

STEWART, J.

At issue in this appeal is whether a medical malpractice action is prescribed when the request for review by a medical review panel was filed within one year of the victim's death but the Patient's Compensation Fund (PCF) determined that the request did not satisfy the minimum requirements set forth in La. R.S. 40:1299.47(A)(1)(b). The trial court denied the peremptory exception of prescription asserted by the defendant, Nexion Health at Vivian, Inc.,...

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