Cited by

Opinions in Louisiana that cite Martin v. East Jefferson General Hosp., 582 So. 2d 1272.

229 citing documents.

White v. Touro Infirmary 633 So. 2d 755 La. Ct. App. 4th Cir. 1994
Gilbert v. Akins 631 So. 2d 117 La. Ct. App. 1st Cir. 1994
Anthony v. State ex rel. Department of Health & Human Resources 631 So. 2d 506 La. Ct. App. 1st Cir. 1994
Morris v. Norco Const. Co. 632 So. 2d 332 La. Ct. App. 1st Cir. 1993
Dent v. Perkins 629 So. 2d 1354 La. Ct. App. 4th Cir. 1993
McCraw v. Louisiana State University Medical Center 627 So. 2d 767 La. Ct. App. 2d Cir. 1993
Ambrose v. New Orleans Police Dept. 627 So. 2d 233 La. Ct. App. 4th Cir. 1993
Smith v. State, Through the DHHR, (La.
Weeks v. TL James & Co. Inc. 626 So. 2d 420 La. Ct. App. 3d Cir. 1993
Bruno v. Harbert International, Inc.
Thibodeaux v. Century Manufacturing Co. 625 So. 2d 351 La. Ct. App. 1st Cir. 1993
Hoyt v. State Farm Mut. Auto. Ins. Co. 623 So. 2d 651 La. Ct. App. 1st Cir. 1993
Wainwright v. Leary 623 So. 2d 233 La. Ct. App. 2d Cir. 1993
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.
Coffin v. Bd. of Sup'rs of La. Univ. 620 So. 2d 1354 La. Ct. App. 2d Cir. 1993
State, in Interest of Prb 622 So. 2d 716 La. Ct. App. 5th Cir. 1993
We are aware of the "manifest error"
Riser v. AMERICAN MEDICAL INTERN., INC. 620 So. 2d 372 La. Ct. App. 5th Cir. 1993
a case dealing specifically with medical malpractice, the court said: *377 In a medical malpractice action against a physician, the plaintiff carries a twofold burden of proof.
Straughan v. Ahmed 618 So. 2d 1225 La. Ct. App. 5th Cir. 1993
Plaintiff asserts that the applicable legal principle holds that, in order to establish causation in a medical malpractice case, the plaintiff need not prove that she would have had a better result if properly treated, but only that defendant's malpractice resulted in her loss of a chance of a better recovery
Roland v. Tedesco 616 So. 2d 780 La. Ct. App. 2d Cir. 1993
when considering the factual findings made by the trial court, the court stated the following: [I]f the trial court or jury's findings are reasonable in light of the record reviewed in its entirety, the court of appeal may not reverse, even though convinced that had it been sitting as the trier of fact
Jure v. Raviotta 612 So. 2d 225 La. Ct. App. 4th Cir. 1992
Lynch v. Hanover Ins. Co. 611 So. 2d 121 La. Ct. App. 5th Cir. 1992
ANALYSIS Initially, we note that as a court of review, we are bound to abide by the clearly erroneous/ (and other cases) when considering the factual findings made by the trial court: ...
Charpentier v. Lammico Ins. Co. 606 So. 2d 83 La. Ct. App. 3d Cir. 1992
the Supreme Court outlined the burden of proof and appellate standard of review in such cases as follows: "In a medical malpractice action against a physician, the plaintiff carries a two-fold burden of proof.
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
Hae Woo Youn v. Maritime Overseas Corp. 605 So. 2d 187 La. Ct. App. 5th Cir. 1992
Initially, we note that the Louisiana Supreme Court has set down instructions very emphatically, and on several occasions, relative to the findings of fact made by the trial court, (and other cases) and more recently, and more positively, in Martin v. East Jefferson General Hospital, et al., and we acknowledge that appellate courts are bound to abide by same.
Bolton v. Louisiana St. U. Med. Center 601 So. 2d 677 La. Ct. App. 2d Cir. 1992
9:2794; Smith v. State, through DHHR
Century Pools, Inc. v. Pinkstaff 598 So. 2d 1189 La. Ct. App. 5th Cir. 1992
In reviewing the findings of the trial court, we must adhere to the "manifestly erroneous" or "clearly wrong" : ...
Chauvin v. West Jefferson Mental Health Center 597 So. 2d 134 La. Ct. App. 1st Cir. 1992
the Supreme Court set out the requirements for a finding of liability in a medical malpractice suit, as follows: In a medical malpractice action against a physician, the plaintiff carries a twofold burden of proof.
Iseah v. EA Conway Memorial Hosp. 591 So. 2d 767 La. Ct. App. 2d Cir. 1991
Maxwell v. Soileau, supra .
Gibson v. Bossier City General Hosp. 594 So. 2d 1332 La. Ct. App. 2d Cir. 1991
Bly v. PRUDENTIAL PROPERTY AND CAS. INS. 589 So. 2d 495 La. Ct. App. 5th Cir. 1991
We are well aware of the instructions of the Supreme Court relative to the findings of fact made by the trial court, enunciated in Rosell, supra, and more recently in Martin v. East Jefferson General Hospital, et al., (1991), and we acknowledge that appellate courts are bound to abide by same.