Opinion
No. 98-C-0756
November 6, 1998
IN RE: Kucharchuk, Andrew M.D.; Southeastern Orthopedics Inc.; — Defendant(s); Applying for Writ of Certiorari and/or Review; to the Court of Appeal, First Circuit, Number CA97 0169; Parish of East Baton Rouge 19th Judicial District Court Div. "I" Number 429,388.
Granted and remanded to the court of appeal for a decision concerning the question left open and noted in footnote 5 in Lebreton v. Rabito, 97-2221 (La. 7/8/98), 714 So.2d 1226.
CDK
PFC
WEM
BJJ
CDT
JTK
LEMMON, J., not on panel.
Because the request for a medical review panel was timely, the date of discovery is irrelevant if the court of appeal, in addressing footnote 5 of LeBreton, determines that the only pertinent time limitation for filing in the district court is the ninety day period that follows the decision by the medical review panel.