Francis v. Mowad

DUFRESNE, Judge.

This is an appeal by Jack and Rita Francis, plaintiffs-appellants, from a judgment excluding an orthopedic surgeon from sitting on a medical review panel convened to hear a malpractice claim against a podiatrist. We agree with the trial judge that an orthopedic surgeon is not from the same class and specialty of practice as a podiatrist, as required by La.R.S. 40:1299.-47(C)(3)(f)(v), thus we affirm.

Rita Francis has alleged that Dr. Samir Mowad was negligent in treating her for a foot condition and that she suffered damages thereby. A medical review proceeding was instituted,…