Legal Opinion
Simmons v. Rehab Xcel, Inc.
Louisiana Court of Appeal
Decided May 5, 1999No. 98-1944PublishedCited by 1 opinion
1Opinion of the Court
pAMY, Judge.
In this appeal from the trial court’s grant of the defendant’s exception of prematurity, the plaintiff contends that his claim is not governed by Louisiana’s Medical Malpractice Act, La.R.S. 40:1299.41, et seq., and, hence, that the trial court erred in ruling that he must first present his claim to a medical review panel as required by the statute. Finding no error in that ruling, we affirm.
*530Factual and Procedural Background
The factual scenario from which this case arises was stipulated to by the parties and is, therefore, not in dispute. The plaintiff, Jimmy Simmons, suffered a…
2Cases cited3 opinions
- Sidney C. Green, Etc., Joni Green, Individually and on Behalf of the Minor Child, Jennifer Green v. Leslie Walker, M.D.Court of Appeals for the Fifth Circuit · 1990
- Price v. City of Bossier CitySupreme Court of Louisiana · 1997
- Pena v. FannLouisiana Court of Appeal · 1996