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DESCANT v. ADM'RS OF TULANE EDUC. FUND

No. 93-C-3098.

639 So.2d 246 (1994)

Deborah Descant, Wife of/and Leon J. DESCANT, Jr., Individually and as the Parents and Administrators of the Estate of Their Minor Child, Edith Marie Descant v. The ADMINISTRATORS OF the TULANE EDUCATIONAL FUND, d/b/a Tulane Medical Center Hospital and Clinic, Dr. Eduardo Herrera and Lexington Insurance Company.

Supreme Court of Louisiana.

Rehearing Denied September 15, 1994.

Attorney(s) appearing for the Case

Lawrence S. Kullman, Victoria Vinturella Olson, Lewis & Kullman, New Orleans, for applicants.

Stewart Earl Niles, Jr., Michelle A. Bourque, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Michael D. Carbo, Denise Angele Bostick, Didriksen & Carbo, James D. Carriere, Habans, Bologna & Carriere, New Orleans, for respondents.

Robert Gahagan Pugh, Jr., Shreveport, for LA Medical Mut. Ins. Co., amicus curiae.

William S. Pennick, Deborah Inchaustegu Schroeder, David Mark Whitaker, New Orleans, for Ins. Corp. of America and American Continental Ins., amicus curiae.

Robert John Conrad, New Orleans, for Louisiana State Medical Soc., amicus curiae.

Charles Fenner Gay, Jr., Cristina Romig Wheat, New Orleans, for Alton Ochsner Clinic, amicus curiae.

MARCUS, Justice.*

Deborah and Leon J. Descant, Jr. filed suit against Dr. Eduardo Herrera, The Administrators of the Tulane Educational Fund, d/b/a Tulane Medical Center Hospital and Clinic (Tulane), and Lexington Insurance Company (Lexington), Tulane's liability insurer, to recover damages for injuries sustained by their daughter during her birth on November 3, 1989. Tulane is a self-insured qualified health care provider under the Medical...

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