Legal Opinion

Benoit v. Archer

Louisiana Court of Appeal

Decided June 26, 2002No. 01-1134Published

1Opinion of the Court

|, COOKS, Judge.

Plaintiffs appeal the judgment of the trial court holding their claim for medical malpractice had prescribed. For the following reasons, we reverse.

FACTS

Pamela Benoit was first seen by Dr. D. Dale Archer, Jr., in October of 1988. She related to him a history of experiencing anxiety and depression. Mrs. Benoit also told Dr. Archer she was then taking Tran-zene, but complained it made her sleepy. Dr. Archer diagnosed her as having “generalized anxiety,” prescribed her Xanax, and scheduled a follow up appointment a month later. For a six year period, Dr. Archer continued…

2Cases cited15 opinions

  1. Darrell R. Page v. United StatesCourt of Appeals for the D.C. Circuit · 1984
  2. Griffin v. KinbergerSupreme Court of Louisiana · 1987
  3. Taylor v. GiddensSupreme Court of Louisiana · 1993
  4. In Re Medical Review Panel, Claim of MosesSupreme Court of Louisiana · 2001
  5. Braud v. New England Ins. Co.Supreme Court of Louisiana · 1991

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