Supreme Court of Louisiana, 1998

Spunizo v. Charity Hospital in New Orleans

Supreme Court of Louisiana · Decided January 9, 1998 · Calogero, Deny, Victory, Writ

705 So. 2d 1085; 1998 La. LEXIS 156 (Southern Reporter, Second Series)

Cases that cite this one

4 later published cases cite this decision.

Abney v. Charity Hospital in New Orleans (La. Ct. App. 2001)
Vernon v. EA Conway Hosp. (La. Ct. App. 2000)
Garrison v. Blood Center for Southeast Louisiana (La. Ct. App. 2002)
Pevey v. Lallie Kemp Regional Medical Center (La. Ct. App. 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In re .Charity Hospital at N.O.;—Defendants); applying for supervisory and/or remedial writs; Parish of Orleans, Civil District Court, Div. “I”, No. 96-8923; to the Court of Appeal, Fourth Circuit, No. 97CW-0860.

Granted. Pretermitting the issue of whether other provisions of the medical malpractice act apply to plaintiffs’ action, the medical review panel provisions clearly apply as of the time of the filing of the claim. Accordingly, the judgment of the court of appeal is vacated and set aside, and the judgment of the trial court maintaining relator’s exception of prematurity is reinstated.

CALOGERO, C.J., would deny the writ. VICTORY, J., not on panel.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.