Legal Opinion

Lucas v. Tenet Health System Hospitals, Inc.

Louisiana Court of Appeal

Decided May 1, 2002No. 2001-CA-2219PublishedCited by 1 opinion

1Opinion of the Court

J^DENNIS R. BAGNERIS, SR., Judge.

Sandra and Joseph Lucas appeal a trial court judgment granting an exception of prescription brought by the defendant, The Blood Center. At issue is the trial court’s application of the three-year preemptive period set forth in La.R.S. 9:5628, which provides a special prescriptive period for medical malpractice actions, to the Lucas’ claim against The Blood Center. For the following reasons, we reverse and remand to trial court for trial.

FACTS

On January 24, 2000, Mr. and Mrs. Lucas filed a lawsuit against The Blood Center and Tenet Health System Hospitals,…

2Cases cited11 opinions

  1. Capo v. BlanchardLouisiana Court of Appeal · 1924
  2. Lasha v. Olin Corp.Supreme Court of Louisiana · 1993
  3. Kem Search, Inc. v. SheffieldSupreme Court of Louisiana · 1983
  4. DeBattista v. Argonaut-Southwest Ins. Co.Supreme Court of Louisiana · 1981
  5. Branch v. Willis-Knighton Medical CenterSupreme Court of Louisiana · 1994

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3Cited by1 opinion

  1. Ducote v. MurrayLouisiana Court of Appeal · 2009

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