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POWELL v. ST. FRANCIS MEDICAL CENTER

No. 52,462-CA.

265 So.3d 1184 (2019)

Montez POWELL, Individually and on Behalf of His Deceased Wife, Chiquita Thomas, and Their Unborn Child, Montez Powell, Individually and OBO of Their Daughter, La'Mayah Powell, Plaintiffs-Appellants v. ST. FRANCIS MEDICAL CENTER, INC., et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

Judgment rendered February 27, 2019.

Attorney(s) appearing for the Case

J. GARLAND SMITH & ASSOCIATES, By: J. Garland Smith , Sarah M. Smith , Counsel for Appellants.

NELSON, ZENTNER, SARTOR & SNELLINGS, LLC, By: F. Williams Sartor, Jr. , Counsel for Appellee, St. Francis Medical Center, Inc.

PETTIETTE, ARMAND, DUNKELMAN, WOODLEY, BYRD & CROMWELL, LLP, By: Rendi B. Wiggins , Counsel for Appellees, BRFHH Monroe, LLC D/B/A University Health Conway LSU, William Carter, RN and Ginger Pierce, RN.

Before WILLIAMS, PITMAN, and COX, JJ.

The plaintiff, Montez Powell, appeals a judgment granting an exception of prescription filed by the defendant, St. Francis Medical Center, Inc. The district court found that plaintiff failed to file his claim within one year from the date he knew or should have known that medical malpractice may have occurred. For the following reasons...

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