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SUPREME COURT OF LOUISIANA

No. 95-CC-2066

MARCIA THOMAS PENDLETON

Versus

ROBERT L. BARRETT, ET AL

ON SUPERVISORY WRITS TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF NATCHITOCHES, STATE OF LOUISIANA

CALOGERO, Chief Justice.*
This case requires interpretation and application of La. R.S. 40:1299.44(C)(5), the provision of the Louisiana Medical

Malpractice Act having to do with the Patient's Compensation Fund's excess exposure. In the event a medical malpractice plaintiff is

paid $100,000 by a self-insured qualified health care provider, or the $100,000 policy limits by the insurer of a qualified health care provider, and then seeks additional compensation from the Patient's Compensation Fund, this statutory provision gives the district court the authority to decide the amount of damages to be paid to the medical malpractice plaintiff out of the Patient's Compensation Fund. In particular, La. R.S. 40:1299.44(C)(5) states

in pertinent part, emphasis added: The court shall determine the amount for which the fund is liable and render a finding and judgment accordingly. In Because of the vacancy created by the resignation of Dennis, J., now a judge on the United States Court of Appeals for the Fifth Circuit, there was no justice designated "not on panel" under Rule IV, Part II,

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Louisiana Law