Legal Opinion

McMillian v. Westwood Manor Nursing Home, Inc.

Louisiana Court of Appeal

Decided May 30, 2012No. 12-54PublishedCited by 5 opinions

1Opinion of the Court

GREMILLION, Judge.

| tPlaintiffs/appellants, Michael McMillian and Kimberly D. McMillian, appeal the trial court’s grant of the exception of prematurity filed by defendant/appellee, Westwood Manor Nursing Home, Inc. (“Westwood”). The trial court maintained Westwood’s exception because the McMil-lians had not first submitted their claim to a medical review panel as required by the *624Medical Malpractice Act (“MMA”), La.R.S. 40:1299.47. For the reasons that follow, we affirm.

FACTS

Michael McMillian was a patient at Westwood following surgical procedures on his skull. The McMillians alleged in their…

2Cases cited3 opinions

  1. Coleman v. DenoSupreme Court of Louisiana · 2002
  2. Spradlin v. Acadia-St. Landry Med. Found.Supreme Court of Louisiana · 2000
  3. Williamson v. HOSPITAL SERVICE OF JEFFERSONSupreme Court of Louisiana · 2004

3Cited by5 opinions

  1. Andrews v. Our Lady of the Lake Ascension Community Hospital, Inc.Louisiana Court of Appeal · 2014
  2. Thomas v. Nexion Health at Lafayette, Inc.Louisiana Court of Appeal · 2015
  3. Bonilla v. Jefferson Parish Hospital Service District 2Louisiana Court of Appeal · 2016
  4. Elizabeth Villanueva and Hugo Villanueva v. Avala Operations, LLC, Avala Physicians Network, LLC, Fairway Medical Center, LLC, Rachael Hollingshead, and Jane DoeLouisiana Court of Appeal · 2023
  5. Veronica Thomas v. Nexion Health at Lafayette, Inc.Louisiana Court of Appeal · 2015

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