Guitreau v. Kucharchuk , 726 So. 2d 915 ( 1998 )

726 So. 2d 915 (1998)

Ben GUITREAU
v.
Andrew KUCHARCHUK, M.D.

No. 98-C-0756.

Supreme Court of Louisiana.

November 6, 1998.

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.

LEMMON, J., not on panel.

VICTORY, J., concurring. 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.