WANDA EVANS Vs. CHARITY HOSPITAL IN NEW ORLEANS (NOW KNOWN AS MEDICAL CENTER OF LOUISIANA AT NEW ORLEANS)
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WANDA EVANS * NO. 2000-CA-0202 VERSUS * COURT OF APPEAL CHARITY HOSPITAL IN NEW ORLEANS (NOW KNOWN AS MEDICAL CENTER OF LOUISIANA AT NEW ORLEANS) * FOURTH CIRCUIT * STATE OF LOUISIANA * * ******* WALTZER, J. CONCURS IN PART AND DISSENTS IN PART I concur in the result reached by the majority. Because the malpractice act grants immunities or advantages to special classes in derogation of the general rights available to tort victims, it must be construed strictly. Kelty v. Brumfield, 93-1142 p. 9 (La.2/25/94), 633 So.2d 1210, 1216. I dissent from the majority's conclusion that the remand by the Supreme Court in effect reverses our prior opinion in Jackson v. America's Favorite Chicken Co., 98-0605 (La.App. 4 Cir. 2/3/99), 729 So.2d 1060. The Louisiana Supreme Court's remand of the instant case for review under our supervisory jurisdiction overrules by implication certain dicta of the Jackson opinion that is inconsistent with such supervisory review.; however, the basic holding of Jackson is not affected.
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