Legal Opinion

Russo v. Kraus

Louisiana Court of Appeal

Decided September 29, 2010No. Nos. 2010-CA-0178, 2010-CA-0179Published

1Opinion of the Court

MAX N. TOBIAS, JR., Judge.

hThe plaintiffs/appellants, Patrick and Janice Russo, individually and on behalf of their minor children,1 appeal from a summary judgment in favor of the defendants/appellees, the State of Louisiana and Steven Kraus, M.D. The trial court found that the three-year prescriptive period established by La. R.S. 9:5628 for medical malpractice actions was constitutional, thereby dismissing the plaintiffs/appellants claims with prejudice.

In August 1998, Janice Russo, who was being treated by John Megison, M.D., underwent a routine PAP smear which revealed a low grade…

2Cases cited29 opinions

  1. Ross Milling Co. v. GilibertiLouisiana Court of Appeal · 1925
  2. Copenhaver v. John Bonura & Co.Louisiana Court of Appeal · 1925
  3. Capo v. BlanchardLouisiana Court of Appeal · 1924
  4. Bazley v. TortorichSupreme Court of Louisiana · 1981
  5. Kenyon v. HammerArizona Supreme Court · 1984

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