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Mitchell v. Rehab. Inst. of New Orleans, Inc., 2007 La. App. LEXIS 473 (La. Ct. App. 2007)

The court affirmed dismissal due to prescription. Resident went from hospital to nursing home where she treated for decubitus ulcers developed at the hospital. After admission to the nursing home, she developed additional decubitus ulcers, gastrointestinal bleeding, pneumonia and infection in her right foot. She died on October 1, 2003. After initially proceeding against other defendants, on November 21, 2005, Plaintiffs filed a second amended petition naming the State of Louisiana and other defendants. The State and a physician filed an exception for prescription arguing that the original suit was premature and did not interrupt prescription because it was filed before Plaintiffs filed their required request for a review by a state medical review board. The trial court sustained the exception. Applying LeBreton v. Rabito, 714 So. 2d 1226 (La. 1998), the court found that “the specific statutory provision providing for the suspension of prescription found in the medical malpractice act is to be applied alone and not with the more general Civil Code article which addresses the interruption of prescription.” Decided: February 14, 2007

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