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Charles KELLEY and Lavinia Kelley v. The STATE of Louisiana, and BRFHH Shreveport, LLC d/b/a University Health Shreveport
Writ application granted in part. See per curiam.
The judgment of the court of appeal is reversed insofar as it excludes the opinion of the medical review panel in its entirety. The district court is directed to redact those portions of the opinion in which the panel exceeded its statutory authority under La. R.S. 40:1231.8(G). Subject to these redactions, the remainder of the opinion is admissible. See McGlothlin v. Christus St. Patrick Hospital, 10-2775 (La. 7/1/11), 65 So.3d 1218.
We also reverse the portion of the court of appeal's opinion excluding the testimony of the medical review panel members. The members can testify to any issues within the scope of their expertise.
In all other respects, the writ is denied. The case is remanded to the district court for further proceedings consistent with this opinion.
Weimer, C.J., dissents and would deny. Hughes, J., dissents and would deny.
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Docket No: No. 2022-CC-00057
Decided: March 15, 2022
Court: Supreme Court of Louisiana.
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