Legal Opinion · Concurrence

In Re Medical Review Panel Proceedings of Berry

Louisiana Court of Appeal

Decided January 27, 2010No. 2009-CA-0752Published

1ConcurrenceBonin, J.

hi respectfully concur.

In response to Mr. Berry’s claim for medical malpractice review filed on January 14, 2008 with the PCF, the healthcare providers, Dr. Butler and Tulane University Hospital, filed the plea of liberative prescription of one year. La. R.S. 40:1299.47 B(2); La. C.C. art. 3447. Be*260cause that written request alleged the date of the last act or omission as no later than December 31, 2005 and it did not allege a later “date of discovery of the alleged act, omission, or neglect,” the action was prescribed on its face. See La. R.S. 9:5628 A. See also Campo v. Correa, 01-2707…

2Cases cited8 opinions

  1. Campo v. CorreaSupreme Court of Louisiana · 2002
  2. Southern Development Co. v. GrecoLouisiana Court of Appeal · 1928
  3. LeBreton v. RabitoSupreme Court of Louisiana · 1998
  4. Borel v. YoungSupreme Court of Louisiana · 2008
  5. Smart v. West Jefferson Medical CenterLouisiana Court of Appeal · 2009

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