Meseke v. St. Francis Medical Center

| defendant, St. Francis Medical Center, Inc., has appealed from the trial court’s judgment denying its exception of prematurity which asserted that, under the provisions of the Louisiana Medical Malpractice Act (“LMMA”), the complaint filed by plaintiffs, the surviving spouse and children of Erich Meseke, first had to be presented to a medical review panel pursuant to the provisions of La. R.S. 40:1299.47. For the reasons set forth below, the judgment of the trial court is reversed, and the plaintiffs’ petition is reversed and remanded for further proceedings consistent with this opinion.

Fact…