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COUTO v. OMS

No. 6617.

319 So.2d 518 (1975)

Joaquin COUTO, Individually and as duly qualified natural tutor of Maria Defantima Couto, et al. v. Doctor Louis R. OMS and St. Paul Fire and Marine Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied October 9, 1975.

Writ Granted November 21, 1975.

Attorney(s) appearing for the Case

Levy & Smith, Lawrence J. Smith, New Orleans, for plaintiffs-appellees.

Lemle, Kelleher, Kohlmeyer & Matthews, William S. Penick, New Orleans, for defendant-appellant St. Paul Fire and Marine Ins. Co.

Before SCHOTT, MORIAL and BEER, JJ.

BEER, Judge.

This is malpractice litigation arising from alleged negligent failure of diagnosis and treatment on the part of Dr. Louis Oms which plaintiff claims has resulted in the death of his wife, Mrs. Joaquin Couto, and his unborn child. Mrs. Couto was eight months pregnant at the time of her death.

Various pretrial developments narrowed the issues so that at the commencement of the jury trial in March of 1974...

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