Michael Hurt, also known as Michael Hurts v. State of Louisiana through the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, on behalf of LSU Health Sciences Center - New Orleans, Michael Barker, M.D. and Kreshmeh Khosrowani, M.D.
This text of Michael Hurt, also known as Michael Hurts v. State of Louisiana through the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, on behalf of LSU Health Sciences Center - New Orleans, Michael Barker, M.D. and Kreshmeh Khosrowani, M.D. (Michael Hurt, also known as Michael Hurts v. State of Louisiana through the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, on behalf of LSU Health Sciences Center - New Orleans, Michael Barker, M.D. and Kreshmeh Khosrowani, M.D.) 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.
Opinion
STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
MICHAEL HURT, ALSO KNOWN AS NO. 2022 CW 0988 MICHAEL HURTS
VERSUS
STATE OF LOUISIANA THROUGH
THE BOARD OF SUPERVISORS OF
LOUISIANA STATE UNIVERSITY
AND AGRICULTURAL AND
MECHANICAL COLLEGE, ON
BEHALF OF LSU HEALTH SCIENCE
CENTER-NEW ORLEANS, MICHAEL
BARKER, M.D. AND KRESHMEH NOVEMBER 17, 2022 KHOSROWANI, M.D.
In Re: Michael Hurt, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 713,571.
BEFORE : McCLENDON, WELCH, PENZATO, LANIER, AND WOLFE, JJ.
WRIT GRANTED. The August 11, 2022 judgment granting State of Louisiana through the Board of Supervisors of Louisiana State University on behalf of LSU Health Science Center-New Orleans’s (“the State”) exception of prematurity as to paragraphs 10, 14 (a) (b) (c), and 15(a) (b) is reversed. The State used plaintiff’s neuroleptic malignant syndrome diagnosis as a defense at the medical review panel hearing; therefore, the allegations in the specified paragraphs of plaintiff’s petition related to an alleged misdiagnosis were necessarily encompassed in the previous review and findings of the medical review panel. Thus, the allegations contained in plaintiff’s petition are not premature. See Coulon v. Endurance Risk Partners, Ine., 2016- 1146 (La. 3/15/17), 221 So.3d 809. Accordingly, State of Louisiana through the Board of Supervisors of Louisiana State University on behalf of LSU Health Science Center-New Orleans’s exception of prematurity is denied.
PMc JEW WIL
Penzato and Wolfe, JJ., dissent and would deny the writ application.
COURT OF APPEAL, FIRST CIRCUIT
AAS nl)
DEPUTY CLERK OF COURT FOR THE COURT
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Michael Hurt, also known as Michael Hurts v. State of Louisiana through the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, on behalf of LSU Health Sciences Center - New Orleans, Michael Barker, M.D. and Kreshmeh Khosrowani, M.D., Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-hurt-also-known-as-michael-hurts-v-state-of-louisiana-through-the-lactapp-2022.