Cited by

Opinions in Louisiana that cite Gunter v. Plauche, 439 So. 2d 437.

84 citing documents.

Neville Kirt; Alvin Kirt; And Lamont Kirt, Individually and on Behalf of Elaine Kirt v. Rebecca C. Metzinger, … La. Ct. App. 4th Cir. 2024
Heidi Rieth and Jason Bush v. Maria Munguia La. Ct. App. 4th Cir. 2024
App. 4 Cir. 5/14/04), ( and Baker v. Payne and Keller of Louisiana, Inc., )).
In Re: Dana Broussard Medical Review Panel La. Ct. App. 3d Cir. 2023
Kimberly Brooke Labauve, Et Al. v. Louisiana La. 2022
Medical Review Panel Proceedings for the Claim of Rhoda Timpton v. Touro Infirmary and Dr. Richard L. Meyer … La. Ct. App. 4th Cir. 2021
Richard Perniciaro and Robert Cleveland, Individually and on Behalf of Paratech, L.L.C. v. Guy McInnis, Ray Lauga, Jr., … La. Ct. App. 4th Cir. 2020
App. 4 Cir. 6/16/16), ( (La.
The Rapides Parish School Board v. Zurich American Insurance Company La. Ct. App. 3d Cir. 2019
d that the defendant had notice of the additional claims based on the original petition, which contained broad allegations of other related defects in the pool’s construction and stated: An amended petition relates back to the original petition if the original pleading “[gave] fair notice of the general fact situation out of which the amended claim arises.”
Lee v. Sapp 265 So. 3d 898 La. Ct. App. 1st Cir. 2019
Gunter v. Plauche , , 440 (La.
Harold Fils v. Starr Indemnity & Liability Insurance Co. La. Ct. App. 3d Cir. 2018
Guillory v. City of New Orleans 224 So. 3d 1035 La. Ct. App. 1st Cir. 2017
art. 1153 permits amendment despite technical prescriptive bars where the original pleading gives fair notice of the general fact situation out of which the amended claim arises.’ citing Baker v. Payne and Keller of Louisiana, Inc.
Raborn v. Albea 221 So. 3d 104 La. Ct. App. 1st Cir. 2017
Minor v. Bryan 206 So. 3d 1070 La. Ct. App. 1st Cir. 2016
Louisiana’s Medical Malpractice Act 9 and Uniform Consent Law 10 impose two statutory duties upon physicians and create two different theories for establishing malpractice liability against a physician; (La.
Watson v. Woldenberg Village, Inc. 203 So. 3d 317 La. Ct. App. 1st Cir. 2016
Duvio v. Specialty Pools Co. 216 So. 3d 999 La. Ct. App. 1st Cir. 2016
|1RAn amended petition relates back to the original petition if the original pleading “[gave] fair notice of the general fact situation out of which the amended claim arises.”
Hume v. Prestige Care, L.L.C. 165 So. 3d 233 La. Ct. App. 1st Cir. 2015
Oliver v. Orleans Parish School Board 133 So. 3d 38 La. Ct. App. 1st Cir. 2014
Beverly Lebouef v. Dr. Joseph O'Donnell La. Ct. App. 3d Cir. 2012
Jenkins v. Starns 85 So. 3d 612 La. 2012
Rita Patin v. State of Louisiana La. Ct. App. 3d Cir. 2011
“[A] plaintiff’s mere apprehension that something may be wrong is insufficient to commence the running of prescription unless the plaintiff knew or should have known through the exercise of reasonable diligence that his problem may have been caused by acts of malpractice.” Campo, 828 So.2d at 511 ().
Patin v. State 74 So. 3d 1234 La. Ct. App. 1st Cir. 2011
“[A] plaintiffs mere apprehension that something may be wrong is insufficient to commence the running of prescription unless the plaintiff knew or should have known through the exercise of reasonable diligence that his problem may have been caused by acts of malpractice.” Campo, 828 So.2d at 511 ().
In Re Medical Review Panel Proceedings of Berry 30 So. 3d 251 La. Ct. App. 1st Cir. 2010
Mere apprehension “that something is wrong is not sufficient to start prescription unless plaintiff knew or should have known by exercising reasonable diligence that his problem condition may have been caused by acts of malpractice.”0
Ferguson v. Sugar 988 So. 2d 816 La. Ct. App. 4th Cir. 2008
Boquet Ex Rel. Billiot v. SWDI, LLC 992 So. 2d 1059 La. Ct. App. 1st Cir. 2008
Teague v. St. Paul Fire and Marine Ins. Co. 974 So. 2d 1266 La. 2008
OIL INS. LTD. v. Dow Chemical Co. 977 So. 2d 18 La. Ct. App. 1st Cir. 2007
Campo, 2001-2707 at p. 12, 828 So.2d at 511 (emphasis added)
Lieux v. Mitchell 951 So. 2d 307 La. Ct. App. 1st Cir. 2006
Richard v. Colomb 916 So. 2d 1122 La. Ct. App. 1st Cir. 2005
Thibodeaux v. Jurgelsky 898 So. 2d 299 La. 2005
The elements of the causes of action involving patient consent brought pursuant to the Uniform Consent Law were considered in three 1983 Louisiana Supreme Court decisions: (lack of informed consent); (battery); (Dennis, J., concurring, ) (lack of informed consent).
Joseph Leger v. Savoy Memorial Foundation, Inc. La. Ct. App. 3d Cir. 2004
De Atley v. Victoria's Secret Catalogue 876 So. 2d 112 La. Ct. App. 4th Cir. 2004
citing Baker v. Payne and Keller of Louisiana, Inc.
Jackson v. Medical Transportation, Inc. 867 So. 2d 895 La. Ct. App. 2d Cir. 2004
Reese v. STATE DEPT. OF PUBLIC SAFETY 866 So. 2d 244 La. 2004
Williams v. Louisiana Medical Mutual Insurance Co. 866 So. 2d 306 La. Ct. App. 1st Cir. 2004
Brenda Sue Carter, Et Ux. v. Gary Stephen Haygood, Dds La. Ct. App. 3d Cir. 2003
Carter v. Haygood 865 So. 2d 824 La. Ct. App. 1st Cir. 2003
Cadogan v. McClanahan 861 So. 2d 250 La. Ct. App. 4th Cir. 2003
In Re Medical Review Panel of Lafayette 860 So. 2d 86 La. Ct. App. 5th Cir. 2003
Williams v. Tri-State Physical Therapy Inc. 850 So. 2d 991 La. Ct. App. 2d Cir. 2003
Campo, supra at 511 , citing
Reese v. State, Department of Public Safety & Corrections 845 So. 2d 620 La. Ct. App. 1st Cir. 2003
Oakley v. Stelly 838 So. 2d 911 La. Ct. App. 1st Cir. 2003
Campo v. Correa 828 So. 2d 502 La. 2002
Sanches v. Morris 802 So. 2d 755 La. Ct. App. 5th Cir. 2001
Trentecosta v. Beck 786 So. 2d 885 La. Ct. App. 4th Cir. 2001
Mehta v. Baton Rouge Oil Co., Inc. 768 So. 2d 243 La. Ct. App. 1st Cir. 2000
in which our Supreme Court said: The transaction or occurrence giving rise to the demand or object of the suit remained unchanged by the amendment and, even if the state of facts which constitute the defendant's wrong differ enough so that two causes of action exist, the facts of the transaction which create
Houston Industries, Inc. v. Fitch 752 So. 2d 974 La. Ct. App. 2d Cir. 2000
Gaines, supra; Russland Enterprises, Inc. v. City of Gret na, 98-676 (La.App.
Medical Review Panel v. Uhs 726 So. 2d 477 La. Ct. App. 5th Cir. 1999
Russland Enterprises v. City of Gretna 727 So. 2d 1223 La. Ct. App. 5th Cir. 1999
Gaines v. Bruscato 712 So. 2d 552 La. Ct. App. 2d Cir. 1998
Scott v. Haley, supra ; Esteve v. Iberia Parish Hospital, supra ; Baker v. Conagra Broiler Company, supra .
Bethea v. Modern Biomedical Services, Inc. 704 So. 2d 1227 La. Ct. App. 3d Cir. 1997
Ragas v. Dewey 663 So. 2d 827 La. Ct. App. 1st Cir. 1995