BARBELLA v. TOURO INFIRMARY

No. 91-CA-0719.

596 So.2d 845 (1992)

Alice BARBELLA, et al. v. TOURO INFIRMARY, et al.

Court of Appeal of Louisiana, Fourth Circuit.

March 26, 1992.


Attorney(s) appearing for the Case

Russ M. Herman, Mark R. Wolfe, Charles O. Taylor, Herman, Herman, Katz & Cotlar, New Orleans, for plaintiff.

C. William Bradley, Jr., Lemle & Kelleher, New Orleans, for defendant.

Before BYRNES and ARMSTRONG, JJ., and BRYAN, J. Pro Tem.


ARMSTRONG, Judge.

In this medical malpractice case, plaintiffs appeal from the trial court's judgment which found Dr. Billings breached no standard of care and was not negligent in failing to diagnose Alice Barbella's cancer. Plaintiffs claim that the trial court manifestly erred in dismissing their claims because they sustained their burden of proof under LSA-R.S. 9:2794. We disagree and, therefore, affirm.

On August 27, 1981, Alice Barbella, the mother of...

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