Jarrell v. West Jefferson Medical Center

_JjThe majority opinion states there are facts that exist “which may be sufficient to overcome prescription” and amends the judgment to allow the plaintiff to amend his petition to include these facts. I disagree that plaintiffs suit, which is prescribed on its face, can be resurrected given the facts presented.

In LeBreton v. Rabito, 1997-2221, (La.7/8/98), 714 So.2d 1226, the Supreme Court determined that in a medical malpractice lawsuit the specific medical malpractice prescription provisions contained in LSA R.S. 40:1299.47 should be applied, rather than the general provisions dealing with…