Christiana v. Southern Baptist Hospital

Supreme Court of Louisiana
Christiana v. Southern Baptist Hospital, 843 So. 2d 397 (La. 2003)
2003 La. LEXIS 1552; 2003 WL 21130093
Calogero, Grant, Victory, Writ

Christiana v. Southern Baptist Hospital

Opinion of the Court

In re Southern Baptist Hospital a/k/a et al.; Christian Health Ministries; — Defendants); Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. C, No. 92-13936; to the Court of Appeal, Fourth Circuit, No. 2002-C-2750.

Denied. Adequate remedy on appeal.

Concurring Opinion

CALOGERO, C.J.,

concurs in the denial of the application. If the district court ultimately renders a judgment against relator in excess of the cap, relator will have an adequate remedy on appeal, at which time it can re-raise its arguments regarding the applicability of the medical malpractice act and ask that the judgment be reduced to the amount of the cap.

VICTORY, J., would grant the writ.

Reference

Full Case Name
Melinda CHRISTIANA and Nicholas Christiana, Jr. v. SOUTHERN BAPTIST HOSPITAL
Status
Published