STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT PATRICIA BAILEY NO. 2021 CW 0465 VERSUS

THE VILLAGE AT WINDERMERE, JULY 30, 2021 L. L. C., THE HAVEN II, L. L. C., AND JENN' S ANGEL' S, L. L. C.

In Re: The Haven II, LLC, applying for supervisory writs, 19th Judicial. District Court, Parish of East Baton Rouge, No. 690831.

BEFORE: THERIOT, HOLDRIDGE, AND HESTER, JJ.

WRIT DENIED.

MRT GH

Hester, J., dissents. I would reverse the district court' s ruling that denied the exception filed of prematurity by defendant, The Haven II, LLC. After a de nova review, I conclude plaintiff' s claim sounds in malpractice and thus falls within the provisions of the Louisiana Medical Malpractice Act, La. R. S. 40: 1299. 41, the et seq. Accordingly, claim should be presented to a Medical Review Panel before the district court suit can proceed.

COURT OF APPEAL, FIRST CIRCUIT

EPUTY CLE OF COURT FOR THE COURT