Cited by
Opinions in Louisiana that cite Smith v. State Through Dept. HHR, 523 So. 2d 815.
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Coleman v. East Jefferson General Hosp.
742 So. 2d 1044
La. Ct. App. 5th Cir. 1999
and many other cases with similar holdings.
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Griffin v. HCA Highland Hosp., Inc.
732 So. 2d 624
La. Ct. App. 2d Cir. 1999
Smith v. Dept. Of Health & Human Resources Administration
- Odom v. STATE, DEPT. OF HEALTH AND HOSP. 733 So. 2d 91 La. Ct. App. 3d Cir. 1999
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Moore v. Wal-Mart, Inc.
729 So. 2d 187
La. Ct. App. 1st Cir. 1999
Pfiffner v. Correa, 91-2734 (La.App.
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Moore v. Willis-Knighton Medical Center
720 So. 2d 425
La. Ct. App. 2d Cir. 1998
Smith v. State, through Department of Health and Human Resources, Roberts v. Cox, 28,094 (La.App.2d Cir.2/28/96), .
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Hunter v. Bossier Medical Center
718 So. 2d 636
La. Ct. App. 2d Cir. 1998
and *640 authorities therein; Alello v. Smith, 94-103 (La.App.
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Phillip v. University Medical Center
714 So. 2d 742
La. Ct. App. 3d Cir. 1998
the supreme court explained: *747 In a medical malpractice action against a hospital, the plaintiff must prove, as in any negligence action, that the defendant owed the plaintiff a duty to protect against the risk involved, that the defendant breached that duty, that the plaintiff suffered an injury, a
- Landry v. Clement 711 So. 2d 829 La. Ct. App. 3d Cir. 1998
- Nicoll v. Lococo 701 So. 2d 1062 La. Ct. App. 5th Cir. 1997
- Webb v. TULANE MEDICAL CENTER HOSP. 700 So. 2d 1141 La. Ct. App. 4th Cir. 1997
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Boudoin v. NICHOLSON, BAEHR, ETC.
698 So. 2d 469
La. Ct. App. 4th Cir. 1997
Smith v. State Dept. of Health & Human Resources
- Johnson v. Lake Charles Memorial Hosp. 692 So. 2d 514 La. Ct. App. 3d Cir. 1997
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Picou v. Equifax Services, Inc.
690 So. 2d 219
La. Ct. App. 1st Cir. 1997
| the court explained at 823 that it could not be said that a heart attack is the type of problem which does not normally occur without negligence.
- Hollingsworth v. Bowers 690 So. 2d 825 La. Ct. App. 3d Cir. 1996
- Shahine v. State Univ. Med. Center 680 So. 2d 1352 La. Ct. App. 2d Cir. 1996
- Cox v. Willis-Knighton Medical Center 680 So. 2d 1309 La. Ct. App. 2d Cir. 1996
- Fleming v. HCA Health Serv. of La., Inc. 676 So. 2d 839 La. Ct. App. 3d Cir. 1996
- Lefort v. Venable 676 So. 2d 218 La. Ct. App. 1st Cir. 1996
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Smith v. State Dept. of Health & Hosp.
676 So. 2d 543
La. 1996
*545 Hosp., Smith v. State Through Dept. of Health & Human Resources Admin., and Martin v. East Jefferson Gen.
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Levron v. State
673 So. 2d 279
La. Ct. App. 4th Cir. 1996
4th Cir.1993), writ denied, this Court utilized the loss of chance of survival to the loss of an organ (a kidney), (La.App.
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Roberts v. Cox
669 So. 2d 633
La. Ct. App. 2d Cir. 1996
Smith v. Dept. Of Health & Human Resources Administration, (La.
- Morris v. Ferriss 669 So. 2d 1316 La. Ct. App. 4th Cir. 1996
- Farmer v. Reyes 665 So. 2d 129 La. Ct. App. 4th Cir. 1995
- Seal v. Bogalusa Community Medical Center 665 So. 2d 52 La. Ct. App. 1st Cir. 1995
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Graham v. Willis-Knighton Medical Center
662 So. 2d 161
La. Ct. App. 2d Cir. 1995
-821 (La.1988); Ambrose v. New Orleans Police Dept. Ambulance Serv., 93-3099, p. 3 (La.
- Gordon v. Willis Knighton Medical Center 661 So. 2d 991 La. Ct. App. 2d Cir. 1995
- Ragas v. Dewey 663 So. 2d 827 La. Ct. App. 1st Cir. 1995
- Donaldson v. Sanders 661 So. 2d 1010 La. Ct. App. 3d Cir. 1995
- Russo v. Bratton 657 So. 2d 777 La. Ct. App. 4th Cir. 1995
- Barre v. Nadell 657 So. 2d 514 La. Ct. App. 4th Cir. 1995
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Rowsey v. Jones
655 So. 2d 560
La. Ct. App. 2d Cir. 1995
Pfiffner, supra; Smith v. State, through DHHR
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Smith v. State
647 So. 2d 653
La. Ct. App. 2d Cir. 1995
[1] -821 (La.1988); (La.
- Smith v. State Dept. of Health & Hosp. 650 So. 2d 450 La. Ct. App. 3d Cir. 1995
- Fraser v. Ochsner Foundation Hosp. 648 So. 2d 1081 La. Ct. App. 5th Cir. 1994
- Pfiffner v. Correa 643 So. 2d 1228 La. 1994
- Alello v. Smith 641 So. 2d 664 La. Ct. App. 5th Cir. 1994
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Turner v. Massiah
641 So. 2d 610
La. Ct. App. 5th Cir. 1994
as providing the appropriate burden of proof as follows: ...
- Byrd v. State ex rel. Department of Public Safety & Corrections 637 So. 2d 114 La. 1994
- Byrd v. STATE THROUGH DEPT. OF PUBLIC SAFETY 637 So. 2d 114 La. 1994
- Smith v. LOUISIANA HEALTH & HUMAN RES. 637 So. 2d 1177 La. Ct. App. 4th Cir. 1994
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Ard v. East Jefferson General Hosp.
636 So. 2d 1042
La. Ct. App. 5th Cir. 1994
at 819: *1045 In a medical malpractice action against a hospital, the plaintiff must prove, as in any negligence action, that the defendant owed the plaintiff a duty to protect against the risk involved, that the defendant breached that duty, and that the plaintiff suffered an injury, and that the defendant'
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White v. Touro Infirmary
633 So. 2d 755
La. Ct. App. 4th Cir. 1994
Defendant contends strenuously that this conclusion is manifestly erroneous, citing language from Smith v. State Through Dept. of Health & Human Resources, in which the Court stated: There is simply no evidence in the record as to whether treatment undertaken earlier would have provided the decedent a chance of survival that she otherwise would not have had.
- Anthony v. State ex rel. Department of Health & Human Resources 631 So. 2d 506 La. Ct. App. 1st Cir. 1994
- Drago v. Retirement Center 632 So. 2d 781 La. Ct. App. 1st Cir. 1993
- Dent v. Perkins 629 So. 2d 1354 La. Ct. App. 4th Cir. 1993
- Doe v. McNulty 630 So. 2d 825 La. Ct. App. 4th Cir. 1993
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Ambrose v. New Orleans Police Dept.
627 So. 2d 233
La. Ct. App. 4th Cir. 1993
Smith v. State, Through the DHHR, (La.
- Wainwright v. Leary 623 So. 2d 233 La. Ct. App. 2d Cir. 1993
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Austin v. St. Charles General Hospital
621 So. 2d 193
La. Ct. App. 1st Cir. 1993
(Emphasis added); ’ Austin, 587 So.2d at 746 .
- Edenfield v. Vahid 621 So. 2d 1192 La. Ct. App. 3d Cir. 1993