Barracliff v. East Jefferson General Hosp

In Barracliff v. East Jefferson General Hosp., 573 So. 2d 1200 (La. App. 4 Cir. 1991, writ denied 575 So. 2d 825 (La. 1991), two physicians were dismissed from a medical malpractice action based on their exception of prematurity because there was no decision of a medical review panel. Where the action was continued against the other defendants, and where the medical review panel then rendered its decision, the two physicians could be added as defendants to the suit; it was not necessary for the patient to file a new suit against the physicians and then move to consolidate that suit with the existing suit. Further, the Court stated: "Where there are no other viable defendants remaining in the original suit, a new suit is required." Id., 573 So. 2d at 1203.