[Download] "Campo V. Correa" by Louisiana Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Campo V. Correa
- Author : Louisiana Supreme Court
- Release Date : January 21, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This medical malpractice case primarily addresses two prescription issues concerning the date of discovery. The initial issue before us is whether the plaintiffs' petition was prescribed on its face when plaintiffs' claims are brought within one year from the date of discovery, but not more than three years from the alleged act of malpractice. As to this issue, there is a split among the circuits. The second question before us, which is complementary to the first issue, is whether the alleged medical malpractice victim was reasonable in not discovering within a year of his medical treatment that his condition may have been related to his hospital stay and his surgical treatment. For the following reasons, we find the lower courts erred as a matter of law in finding the plaintiffs' petition was prescribed on its face and further conclude, after conducting a de novo review, that the plaintiffs' alleged malpractice action has not prescribed.