McCANN v. BATON ROUGE GENERAL HOSPITAL

No. 52377.

276 So.2d 259 (1973)

Walter L. McCANN, Individually and on behalf of his son, Alvin E. McCann v. BATON ROUGE GENERAL HOSPITAL et al.

Supreme Court of Louisiana.

Rehearing Denied May 7, 1973.


Attorney(s) appearing for the Case

McCollister, Belcher, McCleary & Fazio, Neil H. Mixon, Jr., Baton Rouge, for plaintiff-applicant.

Seale, Smith & Phelps, Donald S. Zuber, Baton Rouge, for defendants-respondents.


SANDERS, Chief Justice.

This negligence action presents, on its pleadings, a single issue: the applicability of the doctrine of res ipsa loquitur to untoward injury in the course of medical treatment. This question was presented but not resolved in Meyer v. St. Paul-Mercury Indemnity Co., 225 La. 618, 73 So.2d 781 (1954), the Court concluding that the "applicability...

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