Benedict v. Kearby

GOTHARD, Judge.

This is an appeal from a judgment of the district court granting an exception of prematurity and dismissing plaintiffs suit without prejudice. From that judgment, plaintiff appeals.

Plaintiff, Janet B. Benedict, filed a medical malpractice action against Dr. Norma Kearby, John Doe (an unknown person), and their insurer, ABC Insurance Company, claiming that Dr. Kearby failed to properly diagnose her condition of cancer of the thyroid gland and caused her damages. Dr. Kearby is a health care provider certified as an enrollee under the Medical Malpractice Act. See LSA-R.S.…