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LUTHER v. IOM CO. LLC

No. 2013-C-0353.

130 So.3d 817 (2013)

George T. LUTHER and Jamie C. Luther v. IOM COMPANY LLC (f/k/a Intra-Op Monitoring Services LLC), Dan Joachim M.D., John Partridge and Admiral Insurance Company.

Supreme Court of Louisiana.

Rehearing Denied December 6, 2013.

Attorney(s) appearing for the Case

McKnew, King, Mills, Burch & Landry, LLP, Brady Dean, King, II , Monroe, for Applicant.

Hailey, McNamara, Hall, Larmann & Papale, LLP, Michael J. Vondenstein , Joseph L. Spilman, III , Metairie, Ralph T. Rabalais , New Orleans, Michael J. Mestayer , APLC, Michael John Mestayer , G. Gregory Green , for Respondent.

HUGHES, J.

We granted certiorari in this case to review an appellate court reversal of a district court ruling that the defendants, a medical diagnostic monitoring company and its employee/physician, were not "qualified health care providers" ("QHCPs") under the Louisiana Medical Malpractice Act, LSA-R.S. 40:1299.41 et seq. ("MMA"), for purposes of alleged acts of medical malpractice. For the reasons that follow, we reverse the appellate court, reinstate the district...

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