Supreme Court of Louisiana, 2003

Christiana v. Southern Baptist Hospital

Christiana v. Southern Baptist Hospital
Supreme Court of Louisiana · Decided May 9, 2003 · Calogero, Grant, Victory, Writ
843 So. 2d 397; 2003 La. LEXIS 1552; 2003 WL 21130093 (Southern Reporter, Second Series)

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.

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