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SMITH v. STATE

No. 26,280-CA.

647 So.2d 653 (1994)

Rachel SMITH, indiv., Plaintiff-Appellant, v. STATE of Louisiana, DHH, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

Writ Granted March 10, 1995.

Attorney(s) appearing for the Case

Moore, Walters, Shoenfelt & Thompson by Oscar L. Shoenfelt and Marjorie Ann McKeithen, Baton Rouge, for appellant.

Hudson, Potts & Bernstein by Gordon L. James and Jan P. Christiansen, Monroe, for appellee.

Before SEXTON, NORRIS, JJ., and PRICE, J. Pro Tem.

NORRIS, Judge.

Rachel Smith, individually and on behalf of her two minor children, appeals a District Court judgment that dismissed her wrongful death and survival claims against the State of Louisiana, Department of Health and Hospitals, in this medical malpractice action. The State had conceded malpractice in that the staff of E.A. Conway Hospital in Monroe failed to diagnose the decedent's lung cancer. The District Court, however, found that this conduct neither...

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