Opinion
2024 CW 0787
12-23-2024
JOSEPH DUSTIN BUTLER AND MARY BUTLER, INDIVIDUALLY AND ON BEHALF THEIR MINOR CHILD, ELLIOTT BUTLER v. MEDICAL INFORMATION TECHNOLOGY, INC. D/B/A MEDITECH AND WOMAN'S HOSPITAL FOUNDATION, D/B/A WOMAN'S HOSPITAL OF BATON ROUGE
In Re: Woman's Hospital Foundation D/B/A Woman's Hospital of Baton Rouge, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 743894.
BEFORE: GUIDRY, C.J., McCLENDON, PENZATO, LANIER AND STROMBERG, JJ.
WRIT GRANTED. We find that defendant, Woman's Hospital Foundation, d/b/a Woman's Hospital of Baton Rouge, met its burden in proving that it is entitled to review by a medical review panel of the allegations presented in plaintiffs' petition for damages. See Coleman v. Deno, 2001-1517 (La. 1/25/02), 813 So.2d 303, 315-16. Therefore, we grant this writ application, sustain Woman's Hospital Foundation, d/b/a Woman's Hospital of Baton Rouge's exception of prematurity, and dismiss plaintiffs' claims against this defendant, without prejudice.
Pmc
AHP
WIL
TPS
Guidry, C.J., dissents and would deny the writ.