CLEMENTS v. STATE DEPT. OF HEALTH, ETC.

No. 10963.

391 So.2d 66 (1980)

Raleigh J. CLEMENTS, Individually and as Administrator of the Estate of Lane Clements and Jeanette Clements v. STATE DEPARTMENT OF HEALTH, SOCIAL & REHABILITATION SERVICES, Division of Charity Hospital of Louisiana in New Orleans.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 19, 1980.

Writ Refused February 13, 1981.


Attorney(s) appearing for the Case

Terry A. Bell, New Orleans, and Darryl J. Carimi, Gretna, for plaintiffs-appellants.

H. M. Westholz, Jr., New Orleans, for Louisiana Department of Health and Human Resources, defendants-appellees.

Montgomery, Barnett, Brown & Read, Wood Brown, III, New Orleans, for Dr. Gary Arnold, et al., defendants-appellees.

Before SAMUEL, GULOTTA and BOUTALL, JJ.


SAMUEL, Judge.

Lane Clements died on June 5, 1973 while receiving medical care at Charity Hospital in New Orleans. His parents timely filed a suit for malpractice against the hospital (i. e., the appropriate state department) on June 5, 1974. Almost four years later, on June 1, 1978, plaintiffs filed an amended petition joining as defendants the alleged treating physicians, Dr. Gary Arnold and Dr. John H. Kuzman, and Employers Mutual Liability Insurance Company of...

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