98-C-0756 Precedential Processed

Guitreau v. Kucharchuk

Louisiana Supreme Court · Filed November 6, 1998 · 726 So. 2d 915

Also decided on this docket: La., November 6, 1998 726 So. 2d 915

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Opinion text

726 So.2d 915 (1998) Ben GUITREAU v. Andrew KUCHARCHUK, M.D. No. 98-C-0756. Supreme Court of Louisiana. November 6, 1998. Granted and remanded to the court of appeal for a decision concerning the question left open and noted in footnote 5 in Lebreton v. Rabito, 97-2221 (La.7/8/98), 714 So.2d 1226 . LEMMON, J., not on panel. VICTORY, J., concurring. Because the request for a medical review panel was timely, the date of discovery is irrelevant if the court of appeal, in addressing footnote 5 of LeBreton, determines that the only pertinent time limitation for filing in the district court is the ninety day period that follows the decision by the medical review panel.