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MALBROUGH v. HAMSA

No. 84-CA-391.

463 So.2d 639 (1984)

Charles J. MALBROUGH v. Dr. R. Vaclav HAMSA and his insurer XYZ Insurance Company and Dr. John Schumacher and his insurer ABC Insurance Company.

Court of Appeal of Louisiana, Fifth Circuit.

Dissenting Opinion January 9, 1985.

Rehearing Denied February 20, 1985.

Writs Denied April 1, 1985.

Attorney(s) appearing for the Case

Allan Berger and John A. Occhipinti, New Orleans, for plaintiff-appellee.

Lemle, Kelleher, Kohlmeyer, Hunley, Moss & Frilot Paul B. Deal and Darryl J. Foster, New Orleans, for R. Vaclav Hamsa, M.D., defendant-appellant.

Adams & Reese, Harold A. Thomas, New Orleans, for John F. Schumacher, M.D., defendant-appellant.

Brough & Livaccari, Anthony J. Livaccari, Jr., New Orleans, for Employers Fire Ins. Co., intervenor-appellee.

Before CHEHARDY, BOWES and GAUDIN, JJ.

CHEHARDY, Judge.

In this medical malpractice suit, liability and damages have been bifurcated. The case was tried on liability only and the district court found the defendant physicians to have been negligent in the surgery performed on the plaintiff. The defendants have appealed.

FACTS

Charles H. Malbrough underwent lumbar laminectomy surgery performed by Dr. John F. Schumacher, a neurosurgeon, and Dr...

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