Cited by

Opinions in Louisiana that cite McBride v. Earl K. Long Memorial Hospital, 507 So. 2d 821.

135 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
Phillip Hebert and Brian Hebert v. Louisiana Farm Bureau Mutual Insurance Company, Entergy Louisiana, LLC and Cnh Industrial … La. Ct. App. 3d Cir. 2023
Maria Assunta Del Vescovo, Giulia Nasini, Giuliano Nasini and Maria Nasini, Individually and on Behalf of Their Husband … La. Ct. App. 4th Cir. 2023
.” There is no evidence that Appellants reasonably relied on a doctor’s explanation and assertions as to another cause for Sergio Nasini’s lung cancer or that it was something “natural and expected.” (La.
In Re: Dana Broussard Medical Review Panel La. Ct. App. 3d Cir. 2023
In Re: Medical Review Panel Of Mason Heath La. 2022
Griffin v. Kinberger (Even if a malpractice victim is aware that an undesirable condition has developed after the medical treatment, prescription will not run as long as it was reasonable for the plaintiff not to recognize that the condition might be treatment related.).
In Re: Medical Review Panel of Mason Heath (M) La. Ct. App. 2d Cir. 2021
Finally, conceding that Ms. Smith voiced some concerns to Dr. Kirby in September 2015 and to Dr. Wilson in July 2018, they contend that this was mere apprehension, and not sufficient to constitute discovery, (La.
State Of Louisiana, Et Al. v. Louisiana Land & La. 2021
Medical Review Panel Proceedings for the Claim of Rhoda Timpton v. Touro Infirmary and Dr. Richard L. Meyer … La. Ct. App. 4th Cir. 2021
Karen May,et Al. v. the Succession of Mayo Romero La. Ct. App. 3d Cir. 2020
State of La, Admin Div,office of Community Develop, Disaster Recov v. Wallace L. Styron Kristy B. Styron La. Ct. App. 3d Cir. 2020
Eileen Granier and Brett Granier v. Lexington Insurance Company, Health Care Indemnity, Inc., Vernon J. Carriere, M.D. and … La. Ct. App. 4th Cir. 2019
The Campo Court further indicated that, “[e]ven if a malpractice victim is aware that an undesirable condition has developed after the medical treatment, prescription will not run as long as it was reasonable for the plaintiff not to recognize that the condition might be treatment related.” Id., p. 12, 828 So.2d at 511 ()(emphasis supplied).
Lennie v. Exxon Mobil Corp. 251 So. 3d 637 La. Ct. App. 1st Cir. 2018
In this, the plaintiffs' argument is similar to that set forth by the plaintiffs in Griffin v. Kinberger , (La.
Alexander v. La. State Board of Private Investigator Examiners 211 So. 3d 544 La. Ct. App. 1st Cir. 2017
Lapuyade v. Rawbar, Inc. 190 So. 3d 1214 La. Ct. App. 1st Cir. 2016
"Additionally, the supreme court found that, under the doctrine of contra non valentem, the plaintiffs’ action was not prescribed despite being filed 18 years after their premature child suffered eye problems after being given oxygen at birth.
Richard Dupuy and His Wife, Melissa Dupuy v. Nmc Operating Company, L.L.C. D/B/A the Spine Hospital of Louisiana, … 187 So. 3d 436 La. 2016
Verbois v. Taylor 185 So. 3d 59 La. Ct. App. 1st Cir. 2015
Campo v. Correa, 01-2707 (La.6/21/02), ; -24 (La.1987).
Meiko Prevo v. State of Louisiana, Through the Department of Public Safety and Corrections Division of Probation and … La. 2015
Prevo v. State ex rel. Department of Public Safety & Corrections Division of Probation & Parole 187 So. 3d 395 La. 2015
Hume v. Prestige Care, L.L.C. 165 So. 3d 233 La. Ct. App. 1st Cir. 2015
James Norman Thompson v. Chrystal Landry Thompson La. Ct. App. 3d Cir. 2015
Thompson v. Thompson 159 So. 3d 1121 La. Ct. App. 1st Cir. 2015
In Re: Medical Review Panel Proceeding of Donna M. Hickman La. Ct. App. 3d Cir. 2015
Our courts have consistently held that “Prescription does not begin to run against a party who is ignorant of the pertinent facts, as long as the ignorance is not willful, negligent or unreasonable.” Parker, 704 So.2d at 375
In re Medical Review Panel Proceeding of Hickman 158 So. 3d 187 La. Ct. App. 1st Cir. 2015
Our courts have consistently held that “Prescription does not begin to run against *195 a party who is ignorant of the pertinent facts, as long as the ignorance is not willful, negligent or unreasonable.” Parker, 704 So.2d at 375
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
Patin v. State 74 So. 3d 1234 La. Ct. App. 1st Cir. 2011
Oracle Oil, LLC v. EPI Consultants 77 So. 3d 64 La. Ct. App. 1st Cir. 2011
Hogg , 2009-2632 at 7, 45 So.3d at 997-998 ; , 824 n. 2 (La.1987).
Barcia v. Louisiana Medical Malpractice Insurance Co. 67 So. 3d 659 La. Ct. App. 1st Cir. 2011
The Barcias cite Campo v. Correa, 2001-2707, p. 12 (La.6/21/02); ().
Marin v. Exxon Mobil Corp. 48 So. 3d 234 La. 2010
Campo v. Correa, supra at 511
Guillot v. Daimlerchrysler Corp. 50 So. 3d 173 La. Ct. App. 1st Cir. 2010
"Thus, even if a malpractice victim is aware that an undesirable condition developed at some point in time after the medical treatment, prescription does not run as long as it was reasonable for the victim not to recognize that the condition may be related to the treatment.” -24 (La.1987).
Hogg v. Chevron USA, Inc. 45 So. 3d 991 La. 2010
Id.; , 824 n. 2 (La.1987).
Bosarge v. DePaul/Tulane Behavioral Health Center 39 So. 3d 790 La. Ct. App. 1st Cir. 2010
In Re Medical Review Panel Proceedings of Berry 30 So. 3d 251 La. Ct. App. 1st Cir. 2010
“[P]rescription does not run as long as it was reasonable for the victim not to recognize that the condition may be | related to the treatment.” -24 (La.1987).
Marino v. Tenet Healthsystem Medical Center, Inc. 26 So. 3d 297 La. Ct. App. 1st Cir. 2009
Allstate Insurance Co. v. Fred's, Inc. 18 So. 3d 172 La. Ct. App. 2d Cir. 2009
art. 3492; Netherland v. Ethicon, Inc., 35,229 (La.App.
Mire v. Gamble 999 So. 2d 792 La. Ct. App. 4th Cir. 2008
Ferguson v. Sugar 988 So. 2d 816 La. Ct. App. 4th Cir. 2008
Teague v. St. Paul Fire and Marine Ins. Co. 974 So. 2d 1266 La. 2008
Wong v. Hoffman 973 So. 2d 4 La. Ct. App. 4th Cir. 2007
Thomas v. Crawford 966 So. 2d 786 La. Ct. App. 2d Cir. 2007
Bossier v. Ramos, supra .
In re Medical Review Panel Claim of Scott 921 So. 2d 1097 La. Ct. App. 1st Cir. 2006
In re Morgan, 98-1001 (La.App.
Nestor v. LA. UNIV. HEALTH SCIENCES CENTER 917 So. 2d 1273 La. Ct. App. 2d Cir. 2005
See, writ denied, 95-0130 (La.03/10/95), .
Waldrop v. Hurd 907 So. 2d 890 La. Ct. App. 2d Cir. 2005
the supreme court explained the discovery rule, stating that the one-year period commences running on the date the injured party discovers or should have discovered the facts upon which his cause of action is based.
Champagne v. Brint 893 So. 2d 119 La. Ct. App. 4th Cir. 2005
Melba Braud v. Dr. William A. Cenac La. Ct. App. 3d Cir. 2004
This inquiry requires consideration of the her education, intelligence, and the gravity of her condition, as well as the defendant’s conduct.17 Reasonability is a factual determination which an appellate court cannot disturb, absent a finding of manifest error.18 15 ().
Jumonville v. King 870 So. 2d 462 La. Ct. App. 2d Cir. 2004
Turnbull v. Thensted, 99-0025 (La.App.
Eastin v. Entergy Corp. 865 So. 2d 49 La. 2004
Thornton v. City of Shreveport 865 So. 2d 242 La. Ct. App. 2d Cir. 2004
Williams v. Louisiana Medical Mutual Insurance Co. 866 So. 2d 306 La. Ct. App. 1st Cir. 2004
Campo, 828 So.2d at 511 (emphasis in original).

Explore

Outcomes

Cited by