Martha Stull Montagino v. Dr. Salvador "Sal" Canale

E. GRADY JOLLY, Circuit Judge:

In this medical malpractice diversity case, the plaintiff, Martha Stull Montagino, appeals a summary judgment in favor of Dr. Salvador Canale. Montagino’s complaint alleges that Dr. Canale intentionally failed to inform Montagino that she had pulmonary tuberculosis and further failed to treat that condition. The district court, in granting summary judgment and dismissing the complaint, held that La.Rev. StatAnn. § 9:5628(A) (West 1983) barred recovery as a matter of law because the alleged malpractice occurred more than three years prior to the filing of the…