Mary Diane Higgenbotham v. Ochsner Foundation Hospital

ALVIN B. RUBIN, Circuit Judge:

Too often the apparent shortcut to decision by way of an inviting motion for summary judgment turns out to be a difficult and time wasting detour. Allured by the defendant’s invitation, the trial judge in this case dismissed summarily a medical malpractice suit on the basis that the claim had prescribed. We conclude that he turned off the main road too soon.

Relying on diversity of citizenship, and, therefore, making our decision subject to Louisiana law, Mrs. Higgenbotham filed a suit for personal injury as a result of alleged negligence on the part of the staff…