HUNTER v. OFFICE OF HEALTH SERVICES, ETC.

No. 14170.

385 So.2d 928 (1980)

Bobby HUNTER and Gail Hunter, Plaintiffs-Appellees, v. OFFICE OF HEALTH SERVICES AND ENVIRONMENTAL QUALITY OF the DEPT. OF HEALTH & HUMAN RESOURCES of the State of Louisiana, Third Party-Plaintiff-Appellant, and Frances Everett Brander, Individually and as Representative of those Certain Underwriters at Lloyds, London and Louisiana Dept. of Health, Maintenance and Ambulatory Patient Services, et al., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied July 24, 1980.


Attorney(s) appearing for the Case

Cook, Yancey, King & Galloway by Herschel E. Richard, Jr., Shreveport, for defendants-appellants Frances Everett Brander, individually and as Representative of those certain underwriters at Lloyds, London and Louisiana Dept. of Health, Maintenance and Ambulatory Patient Services, et al.

H. M. Westholz, Jr., New Orleans, Lunn, Irion, Switzer, Johnson & Salley by Charles W. Salley, Shreveport, for third party-plaintiff-appellant Office of Health Services and Environmental Quality of the Dept. of Health and Human Resources of the State of La.

David A. Rothell, Mansfield, for plaintiffs-appellees Bobby Hunter, Yolanda Hunter and Christopher Hunter.

Mayer, Smith & Roberts by Alex F. Smith, Jr., Shreveport, for defendant-appellee Continental Cas. Co.

Mayer, Smith & Roberts by Charles L. Mayer, Shreveport, for defendant-appellee St. Paul Fire & Marine Ins. Co.

Before PRICE, JASPER E. JONES and FRED W. JONES, JJ.


En Banc. Rehearing Denied July 24, 1980.

PRICE, Judge.

This medical malpractice litigation arises out of the failure of a pathologist at the state laboratory in New Orleans to properly diagnose a malignant melanoma in the specimen of an excised mole submitted for analysis by a physician in DeSoto Parish in connection with his treatment of Mrs. Gail Hunter.

Mrs. Hunter and her husband, Bobby Hunter, filed this suit in DeSoto Parish against the Division...

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