Hamilton v. Baton Rouge Health Care

|¶1 respectfully disagree with the majority’s conclusion that the Center proved its entitlement to have this matter first submitted to a medical review panel based solely on the allegations of plaintiffs petition, which must be accepted as true for purposes of this exception and which constitute the entirety of the facts upon which *338the decision on the exception must be based, given the Center’s failure to offer any evidence regarding the substance of plaintiffs claims herein to support the exception.

As the Louisiana Supreme Court noted in Richard v. Louisiana Extended Care Centers, Inc.,…