Fitzgerald v. Hurwitz

Louisiana Court of Appeal

Fitzgerald v. Hurwitz

517 So. 2d 412, 1987 La. App. LEXIS 10848, 1987 WL 2835

CourtLouisiana Court of Appeal

DecidedDecember 15, 1987

DocketNo. CA-7316

StatusPublished

Cited by1 cases

This text of 517 So. 2d 412 (Fitzgerald v. Hurwitz) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Fitzgerald v. Hurwitz, 517 So. 2d 412, 1987 La. App. LEXIS 10848, 1987 WL 2835 (La. Ct. App. 1987).

Pincite

Opinion

PER CURIAM.

This is an appeal from a judgment of the district court granting an exception of pre[413]*413maturity and dismissing plaintiff’s suit without prejudice. From that judgment, plaintiff appeals.

Plaintiff filed a medical malpractice action against Dr. Lowell M. Hurwitz and Chalmette General Hospital. Dr. Hurwitz is a health care provider certified as an enrollee under medical malpractice review panel. Plaintiff failed to file a claim under the panel prior to institution of suit as required under R.S. 40:1299.47(B)(l)(a)(i). Accordingly, the exception of prematurity was properly granted.

Plaintiff raises a totally irrelevant argument on the constitutionality of “caps” which has nothing to do with an exception of prematurity. This argument is totally without merit.

For the reasons discussed, the judgment below is affirmed.

AFFIRMED.

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