Cited by

Opinions in Louisiana that cite Abate v. Healthcare Intern., Inc., 560 So. 2d 812.

16 citing documents.

Luther v. Iom Co. 130 So. 3d 817 La. 2013
Abate v. Healthcare International, Inc.
Roark v. Liberty Healthcare Systems, LLC 26 So. 3d 968 La. Ct. App. 2d Cir. 2009
Abate v. Healthcare Int’l Inc.
Hood v. Cotter 5 So. 3d 819 La. 2008
In Abate v. Healthcare Internat’l, Inc., we stated that in order to qualify under the MMA, a health care provider must file the type of proof of financial responsibility described in Subsection E and pay the annual PCF surcharge levied on the health care provider as provided by La.
Hood v. Cotter 978 So. 2d 988 La. Ct. App. 1st Cir. 2008
Citing Abate v. Healthcare International, Inc., this court in O'Bryan noted that any lapse in the malpractice liability insurance policy filed as proof of financial responsibility, through either its effective period or its form (occurrence or claims-made), rendered the health care provider unqualified during the period of the lapse.
O'BRIEN v. Rizvi 877 So. 2d 150 La. Ct. App. 3d Cir. 2004
Moreover, in Abate v. Healthcare International, Inc., the supreme court held that the MMA "does not provide coverage to health care providers who fail to [initially] qualify prior to the commission of the tortious conduct[.]" In this case, it is undisputed that Dr. Plautz and CompHealth were qualified under the MMA prior to the alleged malpractice and at
Evans v. Louisiana Patient's Compensation Fund 869 So. 2d 234 La. Ct. App. 1st Cir. 2004
In Abate v. Healthcare International, Inc., the Supreme Court held that where a wrongful act occurs before the health care provider obtains a “claims-made” medical malpractice commercial insurance policy and pays the surcharge, and the plaintiff then notifies the health care provider of his claim, the Act is not applicable to the claim.
O'Bryan v. Patients Comp. Fund Over. Bd. 832 So. 2d 438 La. Ct. App. 1st Cir. 2002
Abate v. Healthcare Intern., Inc.
Bennett v. Krupkin 814 So. 2d 681 La. Ct. App. 1st Cir. 2002
In Abate v. Healthcare International, Inc., certain health care providers, who undisputedly were not qualified at the time of the acts of alleged malpractice, purchased underlying medical malpractice liability insurance policies with coverage retroactively encompassing the dates of the alleged tortious acts.
St. Paul Fire and Marine Ins. Co. v. Eusea 775 So. 2d 32 La. Ct. App. 1st Cir. 2000
Ms. Eusea asserts that a surcharge without an applicable premium for medical malpractice coverage does not qualify a physician under the Act and that the Louisiana Supreme Court case of Abate v. Healthcare International, Inc., supports this contention.
Dunn v. Bryant 701 So. 2d 696 La. Ct. App. 1st Cir. 1997
Abate v. Healthcare International, Inc.
Gauthreaux v. Trosclair 676 So. 2d 213 La. Ct. App. 1st Cir. 1996
See Abate v. Healthcare Intern., Inc., -79 (La.1985)
Bramlet v. Lakeside Hospital 690 So. 2d 63 La. Ct. App. 1st Cir. 1996
ISSUE ONE The appellant argues that Abate v. Healthcare Int’l, Inc., (La.
Catalanotto v. Lifemark Hospitals of Louisiana, Inc. 648 So. 2d 970 La. Ct. App. 1st Cir. 1994
-7 (La.1990): Jones v. Crow, supra at p. 250 .
Jones v. Crow 633 So. 2d 247 La. Ct. App. 1st Cir. 1993
Abate v. Healthcare International, Inc.
Williams v. Golden 611 So. 2d 713 La. Ct. App. 1st Cir. 1992
Abate v. Healthcare International, Inc.
Clark v. Ransom 595 So. 2d 710 La. Ct. App. 5th Cir. 1992
Additionally, the trial judge reasoned that Abate v. Healthcare Intern., Inc., requires PCF coverage both at the time of the occurrence and at the time of the claim.