Legal Opinion · Dissent

Verbois v. Taylor

Louisiana Court of Appeal

Decided December 17, 2015No. 2015 CA 0240Published

1DissentChutz, J.

| prescription in a medical malpractice action will not begin at the earliest indica*64tion that a patient may have suffered some wrong. For prescription to commence, the plaintiff' must be able- to .state a cause of action — both a wrongful act and resultant damages. Guitreau v. Kucharchuk, 99-2570 (La.5/16/00), 763 So.2d 575, 579-80; In re Med. Review Pan el ex rel. Rachal, 48,984 (La.App.2d Cir.6/25/14), 144 So.3d 1199, 1203, writ denied, 14-1887 (La.11/14/14), 152 So.3d 886. Prescription will not run as long as it was reasonable for the plaintiff not to recognize that his condition might be…

2Cases cited4 opinions

  1. Campo v. CorreaSupreme Court of Louisiana · 2002
  2. Griffin v. KinbergerSupreme Court of Louisiana · 1987
  3. Guitreau v. KucharchukSupreme Court of Louisiana · 2000
  4. In re Medical Review Panel ex rel. RachalLouisiana Court of Appeal · 2014

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