Legal Opinion
In re Medical Review Panel Proceeding of Benjamin
Louisiana Court of Appeal
Decided November 25, 2014No. 14-CA-192PublishedCited by 6 opinions
1Opinion of the Court
STEPHEN J. WINDHORST, Judge.
| ¡Appellant, Herbert Benjamin, appeals from the trial court’s judgment granting an exception of prescription, dismissing his medical malpractice complaint against Ochsner Clinic Foundation (“Ochsner”), Christopher J. Najberg, M.D., and Shane Pelitere, R.N. For the reasons that follow, we affirm in part and reverse in part, and remand for further proceedings.
The alleged malpractice occurred on September 16, 2011. On September 17, 2012, Mr. Benjamin filed his complaint with the Patient Compensation Fund (“PCF”), requesting a medical review panel. He named as…
2Cases cited5 opinions
- Associated Motors, Inc. v. BurkLouisiana Court of Appeal · 1929
- Lima v. SchmidtSupreme Court of Louisiana · 1992
- Boudreaux v. Louisiana Department of Public Safety & CorrectionsSupreme Court of Louisiana · 2012
- Ferrara v. Starmed Staffing, LPLouisiana Court of Appeal · 2010
- Igwike v. Memorial Medical CenterLouisiana Court of Appeal · 2007
3Cited by6 opinions
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- In re AndersonLouisiana Court of Appeal · 2018
- Lealon Johnson v. Aecom Amentum Government ServicesSupreme Court of Louisiana · 2025
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