Supreme Court of Louisiana, 1993

James v. Hodges

Supreme Court of Louisiana · Decided September 17, 1993 · Action, Dennis, Deny, From, Watson

623 So. 2d 1318; 1993 La. LEXIS 2568; 1993 WL 364327 (Southern Reporter, Second Series)

Opinion of the Court

In re Hodges, Lily, Dr.; Neuropsychiatric Clinic Ltd.; — Defendant(s); applying for supervisory and/or remedial writs; Parish of Lafayette, Fifteenth Judicial District Court, Div. “E”, No. 92-3699E; to the Court of Appeal, Third Circuit, No. CW93-0266.

Granted. Judgment of the trial court denying the exception of prematurity is reversed. The allegations of plaintiffs petition fall within the scope of the medical malpractice act. Accordingly, the exception of prematurity is sustained, and the case remanded to the trial court with instructions to dismiss plaintiffs suit as premature. La.R.S. 40:1299.47(B); Code Civ.P. art. 933.

DENNIS, J., would deny and dissents from the Court’s summary action and opinion. WATSON, J., not on panel.

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