Legal Opinion

Hernandez v. Diversified Healthcare-Abbeville, LLC

Louisiana Court of Appeal

Decided November 4, 2009No. CA 09-546PublishedCited by 15 opinions

1Opinion of the Court

GREMILLION, Judge.

_JjThe plaintiffs, the widow and major children of Alvin Hernandez, Sr., appeal the judgment in favor of the defendant, Diversified Healthcare-Abbeville, LLC d/b/a Maison du Monde Living Center, sustaining its exception of prematurity. The trial court found that the plaintiffs’ claims sounded in medical malpractice and, therefore, must first be submitted to the medical review panel. For the following reasons, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The plaintiffs filed suit in April 2009, for the wrongful death of their husband and father in October 2007. Alvin had been a…

2Cases cited14 opinions

  1. Ross Milling Co. v. GilibertiLouisiana Court of Appeal · 1925
  2. Holmes v. HendricksLouisiana Court of Appeal · 1926
  3. Borden-Aicklen Auto Supply Co. v. Folse Service StationLouisiana Court of Appeal · 1927
  4. Coleman v. DenoSupreme Court of Louisiana · 2002
  5. Cole v. MurrayLouisiana Court of Appeal · 1927

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3Cited by15 opinions

  1. Rivera v. Bolden's Transportation Service, Inc.Louisiana Court of Appeal · 2012
  2. Buford v. WilliamsLouisiana Court of Appeal · 2012
  3. Matherne v. Jefferson Parish Hospital District No. 1Louisiana Court of Appeal · 2012
  4. Hamilton v. Baton Rouge Health CareLouisiana Court of Appeal · 2010
  5. Dutrey v. Plaquemine Manor Nursing HomeLouisiana Court of Appeal · 2013

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