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AUBERT v. CHARITY HOSPITAL OF LOUISIANA

No. 9148.

363 So.2d 1223 (1978)

Kenneth AUBERT, Individually and as tutor of and administrator of the Estate of his minor daughter, Sandrell Aubert v. CHARITY HOSPITAL OF LOUISIANA at New Orleans, a Division of/and the Louisiana Health and Human Resources Administration and Lee Frazier, Administrator of Charity Hospital of Louisiana, at New Orleans, Dr. William Stewart, Commissioner of the Louisiana Health and Human Resources Administration, Dr. John Adriani, Dr. Max Yarbrough, Dr. Byung Chung and Elvyn Lee.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Refused December 1, 1978.

Attorney(s) appearing for the Case

Bernard E. Burk, Leonard A. Washofsky, New Orleans, for plaintiffs-appellees/appellants.

William J. Guste, Jr., Atty. Gen., Joseph W. Thomas, Asst. Atty. Gen., Ronald C. Davis, Staff Atty., New Orleans, for defendants-appellants/appellees.

Lemle, Kelleher, Kohlmeyer & Matthews, Vance E. Ellefson, New Orleans, for defendants-appellees Dr. John Adriani, Dr. William M. Yarbrough and St. Paul Fire and Marine Ins. Co.

Before LEMMON and BOUTALL, JJ., and EASON, J. Pro Tem.

LEMMON, Judge.

These are two separate appeals from a judgment rendered after a trial on the merits of a medical malpractice claim.

Mrs. Kenneth Aubert died following childbirth by Caesarean section under general anesthesia at Charity Hospital. Her widower and the child filed this suit for damages against Charity; Dr. Byung Chung, a first-year resident in anesthesiology; Elvyn Lee, a student nurse anesthetist; Dr. John Adriani, the director of Charity's department...

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