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LEAVELL v. ALTON OCHSNER MEDICAL FOUNDATION

Civ. A. No. 9462-B.

201 F.Supp. 805 (1962)

Lorna Carr LEAVELL and James R. Leavell, Plaintiffs, v. ALTON OCHSNER MEDICAL FOUNDATION, d/b/a Ochsner Foundation Hospital, Ochsner Clinic, a partnership and the partners thereof, Dr. Alton Ochsner, Dr. Curtis Tyrone, Dr. Guy A. Caldwell, Dr. Edgar Burns and Dr. Francis E. LeJeune, individually and as partners, Dr. Thomas Duncan, Dr. Seymour Ochsner, Orleans Service Corporation, Aetna Casualty and Surety Company and Maryland Casualty Company, Defendants.

United States District Court E. D. Louisiana, New Orleans Division.

February 8, 1962.

Attorney(s) appearing for the Case

Terriberry, Rault, Carroll, Martinez & Yancey, Edward S. Bagley, William E. Wright, New Orleans, La., for plaintiffs.

Adams & Reese, St. Clair Adams, Jr., Richard C. Baldwin, New Orleans, La., for defendants.

J. SKELLY WRIGHT, District Judge.

Under Louisiana law,1 a physician or surgeon "is not required to exercise the highest degree of skill and care possible. As a general rule it is his duty to exercise the degree of skill ordinarily employed, under similar circumstances, by the members of his profession in good standing in the same community or locality, and to use reasonable care and diligence, along with his best judgment, in the application...

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