Cited by
Opinions in Louisiana that cite Smith v. State Through Dept. HHR, 523 So. 2d 815.
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Ware v. Medical Protective Ins. Co.
621 So. 2d 54
La. Ct. App. 2d Cir. 1993
Hosp., Smith v. State, through DHHR, Bolton v. LSU Med.
- Riser v. AMERICAN MEDICAL INTERN., INC. 620 So. 2d 372 La. Ct. App. 5th Cir. 1993
- Roland v. Tedesco 616 So. 2d 780 La. Ct. App. 2d Cir. 1993
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Nelson v. Pendleton Memorial Hosp.
612 So. 2d 908
La. Ct. App. 4th Cir. 1993
the Supreme Court stated: We granted the plaintiffs' application for a writ of review, (La.
- Charpentier v. Lammico Ins. Co. 606 So. 2d 83 La. Ct. App. 3d Cir. 1992
- Godeaux v. Rayne Branch Hospital 606 So. 2d 948 La. Ct. App. 1st Cir. 1992
- Arant v. St. Francis Medical Center, Inc. 605 So. 2d 622 La. Ct. App. 2d Cir. 1992
- McLain v. Glenwood Regional Medical Center 602 So. 2d 240 La. Ct. App. 2d Cir. 1992
- Spott v. Otis Elevator Co. 601 So. 2d 1355 La. 1992
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Bolton v. Louisiana St. U. Med. Center
601 So. 2d 677
La. Ct. App. 2d Cir. 1992
9:2794; Smith v. State, through DHHR
- Chauvin v. West Jefferson Mental Health Center 597 So. 2d 134 La. Ct. App. 1st Cir. 1992
- Iseah v. EA Conway Memorial Hosp. 591 So. 2d 767 La. Ct. App. 2d Cir. 1991
- Austin v. St. Charles General Hosp. 587 So. 2d 742 La. Ct. App. 4th Cir. 1991
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Galloway v. Baton Rouge General Hosp.
583 So. 2d 1169
La. Ct. App. 1st Cir. 1991
Smith v. State, Department of Health and Human Resources Administration
- Martin v. East Jefferson General Hosp. 582 So. 2d 1272 La. 1991
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Martin v. East Jefferson General Hospital
571 So. 2d 895
La. Ct. App. 1st Cir. 1990
In Smith v. State, through the Dept. of Health & Human Resources Administration, the court held that a finding of breach of the proper standard of care was insufficient to establish a claim of medical malpractice without a further showing that this breach adversely affected the patient’s chances of survival.
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Malone v. State, Dept. of Health & Human Resources
569 So. 2d 1098
La. Ct. App. 3d Cir. 1990
9:2794; Smith v. State, through DHHR, (La.
- Cangelosi v. OUR LADY OF LAKE REG. MED. CTR. 564 So. 2d 654 La. 1990
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Palermo v. NME Hospitals, Inc.
558 So. 2d 1342
La. Ct. App. 4th Cir. 1990
Smith v. State, Department of Health and Human Resources Administration
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Levy v. OUR LADY OF LAKE REGIONAL MED. CTR.
546 So. 2d 592
La. Ct. App. 1st Cir. 1989
As was further explained by the supreme court, "[r]es ipsa loquitur applies when `circumstances suggest the defendant's negligence as the most plausible explanation for the injury.'"
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Parker v. Southwest Louisiana Hospital Ass'n
540 So. 2d 1270
La. Ct. App. 1st Cir. 1989
“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, and that the defendant’s actions were a substantial cause in fact of the injury.” *1276
- Parker v. SOUTHWEST LOUISIANA HOSP. ASS'N 540 So. 2d 1270 La. Ct. App. 3d Cir. 1989
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Esteve v. Iberia Parish Hospital
539 So. 2d 727
La. Ct. App. 1st Cir. 1989
See, Smith v. State, Department of Health and Human Resources Administration
- Ewing v. Aubert 532 So. 2d 876 La. Ct. App. 1st Cir. 1988