Cited by

Opinions in Louisiana that cite Everett v. Goldman, 359 So. 2d 1256.

158 citing documents.

Kathleen Welch and Carroll Dewayne Welch v. United Medical Healthwest-New Orleans L.L.C. and United Medical Healthcare Inc. La. 2025
Kathleen Welch and Carroll Dewayne Welch Versus United Medical Healthwest-New Orleans, L.L.C. and United Medical Healthcare Inc. La. Ct. App. 5th Cir. 2024
Jason Simon and Rita Simon v. Lafayette Physical Rehabilitation Hospital, LLC. La. Ct. App. 3d Cir. 2024
Paula Patterson, Jon Crumpler and Carey Crumpler. Individually and On Behalf of Their Mother, Anita Carey v. Claiborne … La. Ct. App. 2d Cir. 2023
Monica Sebble On Behalf Of The Estate Of Vivian Lee Brown (d) v. St. Luke's #2, Llc D/b/a … La. 2023
Hosp., -06 (La.1992 ); - 63 (La.1978) ).
Monica Sebble on Behalf of the Estate of Vivian Lee Brown (D) v. St. Luke's 2, LLC D/B/A … La. Ct. App. 4th Cir. 2023
Jeansonne v. Bonano 241 So. 3d 1027 La. Ct. App. 1st Cir. 2018
Taxicab Insurance Store, LLC v. American Service Insurance Co. 224 So. 3d 451 La. Ct. App. 1st Cir. 2017
Todd Huval and Chad Boyer v. State of Louisiana Through the Department of Public Safety and Corrections, Office … 222 So. 3d 665 La. 2017
“This provision, like the fourteenth amendment to the United States Constitution, protects fundamental interest to a greater extent than interests that are not considered of fundamental constitutional importance.”
Darrin Coulon and Tess Coulon v. Endurance Risk Partners, Inc., West Bank Surgery Center, L.L.C., and Mark Juneau, … 221 So. 3d 809 La. 2017
Everett v. 6 Goldman, (La.
Watson v. Woldenberg Village, Inc. 203 So. 3d 317 La. Ct. App. 1st Cir. 2016
Rhodes v. Schultis 140 So. 3d 331 La. Ct. App. 1st Cir. 2014
Morgan v. Patwardhan 137 So. 3d 680 La. Ct. App. 2d Cir. 2014
40:1299.47(B)(l)(a)(i), the Louisiana supreme court has ruled that a patient “must provoke a medical review panel and receive an opinion from it before he can file suit in a court of law.” cited in LeBreton v. Rabito, 97-2221 (La.7/8/98), ; Dixon v. Louisiana State Univ.
Lewis v. Serenity Springs Hospital 136 So. 3d 306 La. Ct. App. 2d Cir. 2014
The supreme court has interpreted this provision as requiring a claimant to “provoke a medical review panel and receive an opinion from it before he can file suit in a court of law.” LeBreton v. Rabito, 97-2221 (La.7/8/98)
Dutrey v. Plaquemine Manor Nursing Home 205 So. 3d 934 La. Ct. App. 1st Cir. 2013
Ward v. Vivian Healthcare & Rehabilitation Center 116 So. 3d 870 La. Ct. App. 2d Cir. 2013
Oliver v. MAGNOLIA CLINIC 85 So. 3d 39 La. 2012
we noted in Butler , that the right of malpractice victims to sue for damages is not a fundamental constitutional right.
Joe Oliver v. Magnolia Clinic La. Ct. App. 3d Cir. 2011
unless a fundamental right is impacted or a separate or suspect classification is created, the legislature is constitutionally free to limit damage recoveries or to grant immunities from suit so long as it articulates a rational basis for the discriminatory treatment reasonably related to the government
Oliver v. MAGNOLIA CLINIC 71 So. 3d 1170 La. Ct. App. 1st Cir. 2011
unless a fundamental right is impacted or a separate or suspect classification is created, the legislature is constitutionally free to limit damage recoveries or to grant immunities from suit so long as it articulates a rational basis for the discriminatory treatment reasonably related to the governmental i
McGlothlin v. Christus St. Patrick Hospital 65 So. 3d 1218 La. 2011
-06 (La.1992); -63 (La.1978).
Joe Oliver v. Magnolia Clinic La. Ct. App. 3d Cir. 2010
unless a fundamental right is impacted or a separate or suspect classification is created, the legislature is constitutionally free to limit damage recoveries or to grant immunities from suit so long as it articulates a rational basis for the discriminatory treatment reasonably related to the government
Oliver v. Magnolia Clinic 51 So. 3d 874 La. Ct. App. 1st Cir. 2010
unless a fundamental right is impacted or a separate or suspect classification is created, the legislature is constitutionally free to limit damage recoveries or to grant immunities from suit so long as it articulates a rational basis for the discriminatory treatment reasonably related to the governmental i
Douglas v. Children's Hospital 69 So. 3d 434 La. Ct. App. 1st Cir. 2010
Slaughter v. NORTH OAKS MEDICAL CENTER 30 So. 3d 1183 La. Ct. App. 1st Cir. 2010
Rhone v. Ward 31 So. 3d 591 La. Ct. App. 2d Cir. 2010
1172 , 35 L.Ed.2d 572 (1973); Rhone I, supra.
Smart v. West Jefferson Medical Center 28 So. 3d 1119 La. Ct. App. 1st Cir. 2009
The trial court upheld the constitutionality of the statute, in which the Louisiana Supreme Court found that the provisions of the Medical Malpractice Act were reasonable, did not unconstitutionally restrict access to the courts and were rationally related to the public interest.
Miller v. Crescent City Health Care Center 24 So. 3d 891 La. Ct. App. 4th Cir. 2009
Beaucoudray v. Walsh 9 So. 3d 916 La. Ct. App. 1st Cir. 2009
40:1299.47; Delcambre v. Blood Systems, Inc., 04-0561, pp. 4-5 (La.1/19/05), -27 ; Graham v. Willis-Knighten Medical, Center 97-0188, p. 5 (La.9/9/97), -368
Needom v. Robein 7 So. 3d 30 La. Ct. App. 1st Cir. 2009
ight to recover in tort is not a fundamental right, our court has noted that “[w]here access to the judicial process is not essential to the exercise of a fundamental constitutional right, the legislature is free to allocate access to the judicial machín- *36 ery on any system or classification which is not totally arbitrary.” Reeder , 97-0239, p. 9, 701 So.2d at 1296-1297 .
Flood v. PENDLETON MEMORIAL METHODIST HOSP. 989 So. 2d 809 La. Ct. App. 4th Cir. 2008
Miller v. Lammico 973 So. 2d 693 La. 2008
40:1299.41 et seq.; -62 (La.1978); Hutchinson v. Patel, 93-2156, pp. 3-4 (La.5/23/94), .
In Re Noe 958 So. 2d 617 La. 2007
97-2221, p. 6 (La.7/8/98), , quoting Everett v. Goldman
Walter R. Cox, Sr. v. Bruce P. Bordlee, M.D. La. Ct. App. 3d Cir. 2007
Mitchell v. Rehabilitation Institute of New Orleans, Inc. 953 So. 2d 75 La. Ct. App. 4th Cir. 2007
8 stating that a claimant “ ‘must provoke a medical review panel and receive an opinion from it before he can file suit in a court of law.’ ” LeBreton, supra, 97-2221 at p. 8, 714 So.2d at 1230 (citation omitted).
Susan Arrington, Etc. v. Er Physicians Group, Apmc La. Ct. App. 3d Cir. 2006
denied, sub nom., Butler v. Medley, 508 U.S. 909, 113 S.Ct.., 2338, 124 L.Ed2d 249, (1993); Williams v. Kushner, 549, So.2d 294, 307-308 (La.1989) (Dixon, C.J., dissenting); (La.1978).
Arrington v. ER PHYSICIANS GROUP, APMC. 940 So. 2d 777 La. Ct. App. 3d Cir. 2006
1989) (Dixon, C.J., dissenting); , (La.
Amy Robinson v. Allen Parish Police Jury La. Ct. App. 3d Cir. 2005
Robinson v. Allen Parish Police Jury 918 So. 2d 535 La. Ct. App. 3d Cir. 2005
Rhone v. Ward 902 So. 2d 1258 La. Ct. App. 2d Cir. 2005
Walker v. Bossier Medical Center 902 So. 2d 1228 La. Ct. App. 2d Cir. 2005
McCoy v. State Ex Rel. Jones 901 So. 2d 1109 La. Ct. App. 2d Cir. 2005
Metropolitan Development Center v. Liner 891 So. 2d 62 La. Ct. App. 4th Cir. 2004
The issue presented herein was discussed by the Supreme Court in LeBreton, supra, as follows: this provision [La.
Williamson v. HOSPITAL SERVICE OF JEFFERSON 888 So. 2d 782 La. 2004
Medine v. Roniger 879 So. 2d 706 La. 2004
arguments concerning the district court's refusal to give jury instructions they requested, we find it appropriate to note our agreement with the arguments of both defendant and the various amicus curiae briefs in this court that this decision is consistent with both the accepted custom in medical malpractice cases in this state [7]
Walker v. Bossier Medical Center 873 So. 2d 841 La. Ct. App. 2d Cir. 2004
LeRay v. Bartholomew 871 So. 2d 492 La. Ct. App. 5th Cir. 2004
the Supreme Court stated: Prior to 1975, medical malpractice claims whether asserted in tort or contract were treated under our law much like other tort or contract claims.
Perritt v. Dona 849 So. 2d 56 La. 2003
Hall v. Brookshire Bros., Ltd. 848 So. 2d 559 La. 2003
Estate of Wilburn v. Leggio 842 So. 2d 1175 La. Ct. App. 2d Cir. 2003
Rowsey v. Jones, 26,823 (La.App.2d Cir.5/10/95), .
Armand v. State Department of Health & Human Resources 822 So. 2d 671 La. Ct. App. 1st Cir. 2002
rev'd, in part on reh'g on other grounds, .