Spunizo v. Charity Hospital in New Orleans

Supreme Court of Louisiana

Spunizo v. Charity Hospital in New Orleans

705 So. 2d 1085, 1998 La. LEXIS 156

CourtSupreme Court of Louisiana

DecidedJanuary 9, 1998

DocketNo. 97-CC-2668

StatusPublished

Cited by4 cases

This text of 705 So. 2d 1085 (Spunizo v. Charity Hospital in New Orleans) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Spunizo v. Charity Hospital in New Orleans, 705 So. 2d 1085, 1998 La. LEXIS 156 (La. 1998).

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Opinion

In re .Charity Hospital at N.O.;—Defendants); applying for supervisory and/or remedial writs; Parish of Orleans, Civil District Court, Div. “I”, No. 96-8923; to the Court of Appeal, Fourth Circuit, No. 97CW-0860.

Granted. Pretermitting the issue of whether other provisions of the medical malpractice act apply to plaintiffs’ action, the medical review panel provisions clearly apply as of the time of the filing of the claim. Accordingly, the judgment of the court of appeal is vacated and set aside, and the judgment of the trial court maintaining relator’s exception of prematurity is reinstated.

CALOGERO, C.J., would deny the writ. VICTORY, J., not on panel.

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In re .Charity Hospital at N.O.;—Defendants); applying for supervisory and/or remedial writs; Parish of Orleans, Civil District Court, Div. “I”, No. 96-8923; to the Court of Appeal, Fourth Circuit, No. 97CW-0860.

Granted. Pretermitting the issue of whether other provisions of the medical malpractice act apply to plaintiffs’ action, the medical review panel provisions clearly apply as of the time of the filing of the claim. Accordingly, the judgment of the court of appeal is vacated and set aside, and the judgment of the trial court maintaining relator’s exception of prematurity is reinstated.

CALOGERO, C.J., would deny the writ. VICTORY, J., not on panel.

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705 So. 2d 1085, 1998 La. LEXIS 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spunizo-v-charity-hospital-in-new-orleans-la-1998.

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