Rosie Rouzan Jones VS James David Hammond, Jr., M.D. and ABC Insurance Company

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STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT ROSIE ROUZAN N0 JONES 2013 CW 14Q3 VERSUS JAMES AND DAVID ABC D M HAMMOND INSURANCE OV 2 5 2013 COMPANY applying James David Hammond D M writs In Re 19th Judicial District Baton Rouge BEFORE PETTIGREW No for Court supervisory Parish of East 804 607 McDONALD AND McCLENDON JJ Claims for malpractice must be brought within one date the patient has knowledge of the alleged In this case plaintiff was aware of the alleged malpractice no later than June 2010 medical 8 However malpractice Division of did not file a claim with the plaintiff WRIT GRANTED year from the Administration suit against one year until Dr from November Hammond the latest 22 until 2011 December date she and 20 she did 2011 had knowledge of not file greater than the alleged Filing a claim with any agency other than the State of Louisiana Division of Administration does not serve to interrupt or suspend prescription Consequently any claims Hammond Dr are Luqenbuhl v Dowling 96 against prescribed 1575 La 10110197 701 So 447 In re Debram 2C11 La 2d 0280 1 Cir 3d App 12 27 8 102 So 830 Accordingly we reverse malpractice the judgment of the trial co deny Dr rt ng s Jr Motion Motion for Summary for against Dr Judgment Judgment Summary and Hammond with prejudice PMc JTP COURT OF APPEAL FIRST CIRCUIT ce 1 PUTY FOR CLERK THE OF COURT COURT James David Hammond render judgment granting his dismiss claims s plaintiff

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