Patricia Bailey v. The Village at Windermere, L.L.C., The Haven II, L.L.C., and Jenn's Angel's, L.L.C.

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

PATRICIA BAILEY NO. 2021 CW 0465

VERSUS

THE VILLAGE AT WINDERMERE, JULY 30, 2021
L. L. C., THE HAVEN II,
L. L. C., AND JENN' S ANGEL' S,
L. L. C.

In Re: The Haven II, LLC, applying for supervisory writs,

19th Judicial. District Court, Parish of East Baton
Rouge, No. 690831.

BEFORE: THERIOT, HOLDRIDGE, AND HESTER, JJ.

WRIT DENIED.

MRT

GH

Hester, J., dissents. I would reverse the district court' s
ruling that denied the exception filed
of
prematurity by
defendant, The Haven II, LLC. After a de nova review, I
conclude plaintiff' s claim sounds in malpractice and thus falls
within the provisions of the Louisiana Medical Malpractice Act,
La. R. S. 40: 1299. 41, the
et
seq. Accordingly, claim should be
presented to a Medical Review Panel before the district court

suit can proceed.

COURT OF APPEAL, FIRST CIRCUIT

EPUTY CLE OF COURT
FOR THE COURT