Schultz v. Guoth , 2011 La. LEXIS 101 ( 2011 )

WEIMER, J.,

dissenting.

hi respectfully dissent. In this matter, medical evidence of a recorded fetal heartbeat after arrival at the hospital contradicts a factual finding of the medical review panel that the fetus probably died during transfer. As such, I believe there remains a genuine issue of material fact which precludes a motion for summary judgment.