Cited by
Opinions in Louisiana that cite Hastings v. Baton Rouge General Hospital, 498 So. 2d 713.
- Ruiz v. Guette 983 So. 2d 959 La. Ct. App. 4th Cir. 2008
- Brenda Mouton v. John C. Lemaire La. Ct. App. 3d Cir. 2007
- Mouton v. LEMAIRE 970 So. 2d 113 La. Ct. App. 3d Cir. 2007
- Stamps v. Dunham 968 So. 2d 739 La. Ct. App. 4th Cir. 2007
- Cascio v. Downing 957 So. 2d 795 La. Ct. App. 4th Cir. 2007
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Arroyo v. East Jefferson General Hosp.
956 So. 2d 661
La. Ct. App. 5th Cir. 2007
Hosp., Campbell, supra; Suhor, supra.
- McLin v. Breaux 950 So. 2d 711 La. Ct. App. 1st Cir. 2006
- Allie Mae Bruce v. Rapides Regional Medical Center La. Ct. App. 3d Cir. 2006
- Jones v. Angelette 921 So. 2d 1017 La. Ct. App. 4th Cir. 2005
- Dutton v. O'Connell 901 So. 2d 602 La. Ct. App. 1st Cir. 2005
- Gilliam v. Palazzo 881 So. 2d 1286 La. Ct. App. 5th Cir. 2004
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Jones v. Hernandez
880 So. 2d 245
La. Ct. App. 2d Cir. 2004
Hughes v. Bailey, 29,314 (La.App.2d Cir.04/02/97), .
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Armstrong v. LA. STATE BD. OF MEDICAL EXAM.
868 So. 2d 830
La. Ct. App. 4th Cir. 2004
() In Hastings, supra, the Louisiana Supreme Court held that expert testimony was not required to establish the standard of care for a hospital and its physicians regarding the duty to provide emergency services without regard to the patient's ability to pay given that such standards were clearly set fort
- Hernandez v. Chalmette Medical Center 869 So. 2d 141 La. Ct. App. 4th Cir. 2004
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MEDICAL REVIEW PANEL v. Meadowcrest Hosp.
858 So. 2d 99
La. Ct. App. 4th Cir. 2003
the Supreme Court held that the trial court erred in directing a verdict in favor of the hospital in a medical malpractice case involving a surgeon and an emergency room physician.
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Medical Review Panel Proceedings for the Claim of Tinoco v. Meadowcrest Hospital
858 So. 2d 99
La. Ct. App. 1st Cir. 2003
the Supreme Court held that the trial court erred in directing a verdict in favor of the hospital in a medical malpractice case involving a surgeon and an emergency room physician.
- National Union Fire Ins. Co. v. Harrington 854 So. 2d 880 La. Ct. App. 3d Cir. 2003
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Alphonse v. Acadian Ambulance Services, Inc.
844 So. 2d 294
La. Ct. App. 1st Cir. 2003
the supreme court recognized the right of a victim to recover damages for the loss of a chance of survival, although that chance is a less-than-even chance because of a preexisting condition.
- Estate of Wilburn v. Leggio 842 So. 2d 1175 La. Ct. App. 2d Cir. 2003
- Serigne v. Ivker 808 So. 2d 783 La. Ct. App. 4th Cir. 2002
- Etcher v. Neumann 806 So. 2d 826 La. Ct. App. 1st Cir. 2001
- Hebert v. Parker 796 So. 2d 19 La. Ct. App. 4th Cir. 2001
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Higgins v. American National General Insurance
798 So. 2d 1078
La. Ct. App. 1st Cir. 2001
Hosp., as follows: A directed verdict should only be granted when the facts and inferences point so strongly in favor of one party that the court believes reasonable people could not reach a contrary verdict.
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Thoulion v. Jeanfreau
794 So. 2d 936
La. Ct. App. 1st Cir. 2001
held that in a wrongful death action alleging medical malpractice, the plaintiff need not prove that the patient would have survived if the defendant had undertaken preventive or other methods of treatment.
- Hebert v. BellSouth Telecomm., Inc. 787 So. 2d 614 La. Ct. App. 3d Cir. 2001
- Powell v. Fuentes 786 So. 2d 277 La. Ct. App. 2d Cir. 2001
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Piro v. Chandler
780 So. 2d 394
La. Ct. App. 2d Cir. 2001
1988); and Gordon v. Willis Knighton Medical Center, supra .
- Stroder v. Horowitz 775 So. 2d 1175 La. Ct. App. 2d Cir. 2000
- Campbell v. HOSPITAL SERV. DIST. NO. 1, CALDWELL PARISH 768 So. 2d 803 La. Ct. App. 2d Cir. 2000
- Fusilier v. Dauterive 764 So. 2d 74 La. 2000
- Terrebonne v. Floyd 767 So. 2d 758 La. Ct. App. 1st Cir. 2000
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Stroud v. Golson
744 So. 2d 1286
La. 1999
1991); Perez v. Las Vegas Med.
- Odom v. STATE, DEPT. OF HEALTH AND HOSP. 733 So. 2d 91 La. Ct. App. 3d Cir. 1999
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Narcise v. Jo Ellen Smith Hosp.
729 So. 2d 748
La. Ct. App. 4th Cir. 1999
See, e.g.: Griffin v. Kinberger, 94-0262 (La.App.
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Lovelace v. Giddens
740 So. 2d 652
La. Ct. App. 2d Cir. 1999
See, e.g., Smith v. State, Department of Health and Hospitals, 95-0038 (La.6/25/96)
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Clark v. City of Shreveport
726 So. 2d 1042
La. Ct. App. 2d Cir. 1999
See, e.g., Smith v. State, DHH, 95-0038 (La.06/25/96)
- Robertson v. Northshore Regional Medical Center 723 So. 2d 460 La. Ct. App. 1st Cir. 1998
- Doe v. Parauka 714 So. 2d 701 La. 1998
- Aultman v. Insurance Corp. of America 716 So. 2d 182 La. Ct. App. 1st Cir. 1998
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Phillip v. University Medical Center
714 So. 2d 742
La. Ct. App. 3d Cir. 1998
the supreme court addressed a plaintiff's burden of proof on the issue of causation in the context of a wrongful death medical malpractice case.
- Scott v. American Olean Tile Co., Inc. 706 So. 2d 1091 La. Ct. App. 3d Cir. 1998
- Odom v. Johnson 704 So. 2d 1254 La. Ct. App. 3d Cir. 1997
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Haynes v. Calcasieu Medical Transp., Inc.
702 So. 2d 1024
La. Ct. App. 3d Cir. 1997
-721 (La.1986) (footnotes omitted) explained the causation as it relates to loss of a chance of survival.
- Nicoll v. Lococo 701 So. 2d 1062 La. Ct. App. 5th Cir. 1997
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Boudoin v. NICHOLSON, BAEHR, ETC.
698 So. 2d 469
La. Ct. App. 4th Cir. 1997
CAUSATION Both parties to this appeal agree that, and its progeny, the plaintiffs need not prove that Mr. Boudoin would have survived but for Dr. Hendler's conduct.
- Hughes v. Bailey 691 So. 2d 359 La. Ct. App. 2d Cir. 1997
- Johnston v. Southwest Louisiana Ass'n 693 So. 2d 1195 La. Ct. App. 3d Cir. 1997
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Alex v. Dr. X
692 So. 2d 499
La. Ct. App. 3d Cir. 1997
Furthermore, "[i]t is not necessary [for a plaintiff] to prove that a patient would have survived if proper treatment had been given, but only that there would have been a chance of survival."
- Johnson v. Lake Charles Memorial Hosp. 692 So. 2d 514 La. Ct. App. 3d Cir. 1997
- Hollingsworth v. Bowers 690 So. 2d 825 La. Ct. App. 3d Cir. 1996