¶1This is an appeal from a judgment of the district court granting an exception of pre*413maturity and dismissing plaintiff’s suit without prejudice. From that judgment, plaintiff appeals.
¶2Plaintiff filed a medical malpractice action against Dr. Lowell M. Hurwitz and Chalmette General Hospital. Dr. Hurwitz is a health care provider certified as an enrollee under medical malpractice review panel. Plaintiff failed to file a claim under the panel prior to institution of suit as required under R.S. 40:1299.47(B)(l)(a)(i). Accordingly, the exception of prematurity was properly granted.
¶3Plaintiff raises a totally irrelevant argument on the constitutionality of “caps” which has nothing to do with an exception of prematurity. This argument is totally without merit.
¶4For the reasons discussed, the judgment below is affirmed.
¶5AFFIRMED.