Chatman v. ABC Insurance Co.

In this medical malpractice suit resulting from the birth of a child, with Erb’s Palsy, defendant-relator, an obstetrician, seeks supervisory writs from the trial court’s denial of his exception of prescription. According to relator, plaintiffs’ suit filed on December 16, 1986 was untimely under LSA-R.S. 9:5628 where plaintiffs were notified from the time of their child’s birth on December 17, 1984, that there was a problem with the child’s left arm. Furthermore, according to relator, plaintiffs had at least constructive knowledge of a potential tort more than one year prior to filing suit,…