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HINES v. BICK

No. 89-CA-0947.

566 So.2d 455 (1990)

Mr. & Mrs. Freddie A. HINES v. Dr. John BICK and Touro Infirmary.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied September 19, 1990.

Attorney(s) appearing for the Case

Joel P. Loeffelholz, New Orleans, for plaintiffs/appellants.

Lawrence L. McNamara and Andrew C. Clausen, Adams and Reese, New Orleans, for defendant/appellee, Dr. John Bick.

George E. Cain, Jr. and Peter E. Sperling, Lemle, Kelleher, Kohlmeyer, Dennery, Hunley, Moss & Frilot, New Orleans, for defendant/appellee, Touro Infirmary.

Before BARRY and WARD, JJ., and PRESTON H. HUFFT, J. Pro Tem.

BARRY, Judge.

The issue in this medical malpractice action is whether a psychiatrist and hospital are liable for failing to prevent a patient from causing injury or death. Mr. and Mrs. Freddie Hines appeal a summary judgment granted to Dr. John Bick, and a judgment which maintained an exception of no right of action (ex proprio motu) to Touro Infirmary.

In their petition and amended petition Mr. and Mrs. Hines noted that a medical review panel (La.R...

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