97-CC-2668 Precedential Reinstated Processed

Spunizo v. CHARITY HOSP. IN NEW ORLEANS

Louisiana Supreme Court · Filed January 9, 1998 · 705 So. 2d 1085

Also decided on this docket: La., February 20, 1998 709 So. 2d 787; La., January 9, 1998 705 So. 2d 1085

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Opinion text

705 So.2d 1085 (1998) Edward SPUNIZO and wife, Norma Spunizo v. CHARITY HOSPITAL IN NEW ORLEANS. No. 97-CC-2668. Supreme Court of Louisiana. January 9, 1998. Rehearing Denied February 20, 1998. Granted. Pretermitting the issue of whether other provisions of the medical malpractice act apply to plaintiffs' action, the medical review panel provisions clearly apply as of the time of the filing of the claim. Accordingly, the judgment of the court of appeal is vacated and set aside, and the judgment of the trial court maintaining relator's exception of prematurity is reinstated. CALOGERO, C.J., would deny the writ. VICTORY, J., not on panel.