Whitt v. McBride

Louisiana Court of Appeal

Whitt v. McBride

648 So. 2d 514, 94 La.App. 3 Cir. 1389, 1995 La. App. LEXIS 43, 1995 WL 17674

CourtLouisiana Court of Appeal

DecidedJanuary 19, 1995

DocketNo. 94-1389

StatusPublished

This text of 648 So. 2d 514 (Whitt v. McBride) 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.

Bluebook

Whitt v. McBride, 648 So. 2d 514, 94 La.App. 3 Cir. 1389, 1995 La. App. LEXIS 43, 1995 WL 17674 (La. Ct. App. 1995).

Pincite

Opinion

WRIT GRANTED AND MADE PEREMPTORY:

LSA-R.S. 40:1299.47C.(3)(f)(i) clearly provides that the qualification and selection of physician members of the medical review panel shall be physicians who hold a license to practice medicine in the State of Louisiana and who are actively engaged in the practice of medicine in this State. In the present case the claimant’s choice of physician holds a license to practice medicine in the State of Louisiana but does not engage in the active practice of medicine in the State. Since the claimant’s choice of physician does not actively practice medicine in this state, the trial court erred in denying relator’s motion to remove the physician panelist selected by claimant. Therefore, the respondent’s motion to remove the physician panelist selected by claimant is granted and the physician panelist is hereby removed from the medical review panel.

Free access — add to your briefcase to read the full text and ask questions with AI

WRIT GRANTED AND MADE PEREMPTORY:

LSA-R.S. 40:1299.47C.(3)(f)(i) clearly provides that the qualification and selection of physician members of the medical review panel shall be physicians who hold a license to practice medicine in the State of Louisiana and who are actively engaged in the practice of medicine in this State. In the present case the claimant’s choice of physician holds a license to practice medicine in the State of Louisiana but does not engage in the active practice of medicine in the State. Since the claimant’s choice of physician does not actively practice medicine in this state, the trial court erred in denying relator’s motion to remove the physician panelist selected by claimant. Therefore, the respondent’s motion to remove the physician panelist selected by claimant is granted and the physician panelist is hereby removed from the medical review panel.

Cite This Page — Counsel Stack

Bluebook (online)

648 So. 2d 514, 94 La.App. 3 Cir. 1389, 1995 La. App. LEXIS 43, 1995 WL 17674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitt-v-mcbride-lactapp-1995.