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Cited by

Opinions in Louisiana that cite Phelps v. Donaldson, 150 So. 2d 35.

43 citing documents.

  • State Of Louisiana, Et Al. v. Louisiana Land & La. 2022
    App. 3 Cir. 1991) (cause of action began to prescribe when “plaintiff consulted with her attorney for consideration of a possible malpractice claim”); Phelps v. Donaldson , 150 So.
  • State Of Louisiana, Et Al. v. Louisiana Land & La. 2021
    App. 3 Cir. 1991) (cause of action began to prescribe when “plaintiff consulted with her attorney for consideration of a possible malpractice claim”); 150 So.
  • Upscale Fashions, Inc. v. Underwriters at Lloyd's London 254 So. 3d 784 La. Ct. App. 1st Cir. 2018
    1993) (citing Phelps v. Donaldson , , , 37 (1963) ).
  • Branch v. Willis-Knighton Medical Center 636 So. 2d 211 La. 1994
    (1963) (interpreting La.Civ.Code art. 3544 (1870)).
  • Roger v. Dufrene 613 So. 2d 947 La. 1993
  • Roger v. Dufrene 602 So. 2d 323 La. Ct. App. 1st Cir. 1992
  • Harvey v. Dixie Graphics, Inc. 593 So. 2d 351 La. 1992
    Co., , (1963); Cherokee Restaurant, (La.App.
  • Clofer v. Celotex Corp. 528 So. 2d 1074 La. Ct. App. 5th Cir. 1988
    Orgeron, supra, at 369 .
  • Seals v. Pittman 499 So. 2d 114 La. Ct. App. 1st Cir. 1986
  • Elzy v. ABC Ins. Co. 472 So. 2d 205 La. Ct. App. 4th Cir. 1985
    NOTES [1] , (1963), occasionally cited for such a holding, did not consider the question because damages for breach of a contract for ordinary dental care were not there demanded.
  • Martin v. Southern Baptist Hosp. of New Orleans 444 So. 2d 1309 La. Ct. App. 4th Cir. 1984
    [1] , (1963) the court held that an action for medical malpractice prescribes in one year unless there is a specific contract to cure.
  • Wingate v. National Union Fire Ins. Co. 435 So. 2d 594 La. Ct. App. 3d Cir. 1983
    "We hold that the better view is the one adopted in Phelps v. Donaldson, [ , ], and we continue to ascribe to that view.
  • Dillon v. Hospital Affiliates of Baton Rouge 407 So. 2d 493 La. Ct. App. 1st Cir. 1981
  • Cummings v. Skeahan Corp. 405 So. 2d 1146 La. Ct. App. 1st Cir. 1981
    In seeking an affirmance of the trial court's judgment, Parker argues that a malpractice action against an attorney prescribes one year from the date the professional work is performed or one year from the date plaintiff becomes aware of the action complained of and cites two cases supporting this argument, , (1963) and Steel v. Aetna Life & Casualty, (La.App.
  • Sciacca v. Polizzi 403 So. 2d 728 La. 1981
    (1963), as had the Fifth Circuit in Kozan , and reached the same result.
  • Free v. Franklin Guest Home, Inc. 397 So. 2d 47 La. Ct. App. 2d Cir. 1981
  • Sciacca v. Polizzi 394 So. 2d 1319 La. Ct. App. 1st Cir. 1981
  • Sumerall v. St. Paul Fire & Marine Ins. Co. 366 So. 2d 213 La. Ct. App. 2d Cir. 1978
  • Henson v. St. Paul Fire & Marine Ins. Co. 363 So. 2d 711 La. 1978
    La.Civil Code art. 3536; , (1963); Steel v. Aetna Life & Casualty, writ denied, (La.
  • Carroll v. Aetna Cas. & Sur. Co. 363 So. 2d 726 La. Ct. App. 2d Cir. 1978
    (1963), after finding that the physician had not contracted with plaintiffs to warrant a particular result.
  • Henson v. St. Paul Fire & Marine Ins. Co. 354 So. 2d 612 La. Ct. App. 1st Cir. 1978
    (1963) to sustain its position.
  • Lombardo v. Argonaut Ins. Co. 354 So. 2d 731 La. Ct. App. 4th Cir. 1978
    In turn, appellee contends that an operation without the consent of the patient sounds in tort, , and Steel v. Aetna Life & Casualty Company, (La.App.
  • Ball v. Siess 351 So. 2d 845 La. Ct. App. 2d Cir. 1977
    (1963), the Supreme Court recognized as a general rule that a physician who undertakes the treatment of a patient does not guarantee a cure, nor does he promise to effect a cure, nor does his undertaking employment result in any implied promise to cure.
  • Chatellier v. Ochsner Foundation Hospital 348 So. 2d 110 La. Ct. App. 1st Cir. 1977
  • Perrin v. St. Paul Fire & Marine Ins. Co. 340 So. 2d 421 La. Ct. App. 4th Cir. 1976
  • Dauzat v. St. Paul Fire & Marine Insurance Co. 336 So. 2d 540 La. Ct. App. 3d Cir. 1976
    (1963), the Louisiana Supreme Court stated: "When a physician undertakes the treatment of a case, he does not guarantee a cure, nor is any promise to effect a cure or even a partial healing to be implied, nor does the law raise from the fact of employment an implied undertaking to use ordinary skill and
  • Duhon v. Saloom 323 So. 2d 202 La. Ct. App. 3d Cir. 1976
    (1963) the Supreme Court ruled that the one-year prescription of Civil Code Article 3536 applied to a malpractice suit.
  • Steel v. Aetna Life and Casualty 315 So. 2d 144 La. 1975
    has been properly applied in this case, and if so, whether it is correct.
  • Bell v. Faris 304 So. 2d 686 La. Ct. App. 4th Cir. 1974
  • Steel v. Aetna Life & Casualty 304 So. 2d 861 La. Ct. App. 3d Cir. 1974
  • Brock v. Gunter 292 So. 2d 328 La. Ct. App. 2d Cir. 1974
    (1963), the Supreme Court emphasized this rule in commenting thusly: "We think the general rule universally obtaining on the subject matter is that: `When a physician undertakes the treatment of a case he does not guarantee a cure, nor is any promise to effect a cure or even a partial healing to be impl
  • Fox v. Argonaut Southwest Insurance Company 288 So. 2d 102 La. Ct. App. 4th Cir. 1974
    * * *" , (1963), physicians, surgeons and dentists are not insurers of the results of treatment afforded patients.
  • Alexander v. Alton Ochsner Medical Foundation 276 So. 2d 794 La. Ct. App. 4th Cir. 1973
    With respect to plaintiff's position that the defendants committed a breach of contract, , : "We think the general rule universally obtaining on the subject matter is that: `When a physician undertakes the treatment of a case he does not guarantee a cure, nor is any promise to effect a cure or even a partial healing to be implied, nor does the law raise from the fact of employment an implied
  • Deshotel v. Aetna Casualty & Surety Company 269 So. 2d 850 La. Ct. App. 3d Cir. 1973
  • Box v. Karam 271 So. 2d 289 La. Ct. App. 1st Cir. 1972
    the Supreme Court held that malpractice actions are'tortious m nature and prescribe in one year.
  • Butler v. Travelers Insurance Co. 264 So. 2d 756 La. Ct. App. 1st Cir. 1972
    (1963): "We think the general rule universally obtaining on the subject matter is that: `When a physician undertakes the treatment, of a case he does not guarantee a cure, nor is any promise to effect a cure or even a partial healing to be implied, nor does the law raise from the fact of employment an i
  • Creighton v. Karlin 225 So. 2d 288 La. Ct. App. 4th Cir. 1969
    We find only two cases in the jurisprudence of Louisiana wherein attempts have been made to bring an action for damages in contract in situations similar to that presented here: , (1963); (La.App.
  • Foster v. St. Paul Fire and Marine Insurance Co. 212 So. 2d 729 La. Ct. App. 4th Cir. 1968
    (1963), physicians, surgeons, and dentists are not insurers of the results of treatment afforded patients."
  • Folse v. Anderson 202 So. 2d 404 La. Ct. App. 1st Cir. 1967
    “ , : ‘We think the general rule universally obtaining on the subject matter is that: ‘When a physician undertakes the treatment of a case he does not guarantee a cure, nor is any promise to effect a cure or even a partial healing to be implied, nor does the law raise from the fact of employment an implied
  • Stern v. Boyce 200 So. 2d 318 La. Ct. App. 1st Cir. 1967
    : “We think the general rule universally obtaining on the subject matter is that: ‘When a physician undertakes the treatment of a case he does not guarantee a cure, nor is any promise to effect a cure or even a partial healing to be implied, nor does the law raise from the fact of employment an implied
  • Uter v. Bone and Joint Clinic 192 So. 2d 100 La. 1966
  • Brooks v. Robinson 163 So. 2d 186 La. Ct. App. 4th Cir. 1964
    Action which constitutes a breach of contract may, at the same time, also constitute a tort; and an action in tort to recover the damages caused (regardless of the contractual aspects of the facts) is prescribed by one year; , (1963).
  • Devillier v. First National Funeral Homes, Inc. 164 So. 2d 597 La. Ct. App. 1st Cir. 1964
    (3rd Cir.), (Affirmed, , ).