CLARK v. BATON ROUGE GENERAL MED. CENTER

No. 94 CA 2239.

657 So.2d 741 (1995)

Theresa CLARK, et al. v. BATON ROUGE GENERAL MEDICAL CENTER, et al.

Court of Appeal of Louisiana, First Circuit.

June 23, 1995.


Attorney(s) appearing for the Case

Phil Breaux, St. Gabriel, for plaintiffs Theresa Clark, Darlene Knight, Virginia Reed, June Barker and B.F. Roubique.

Michael M. Remson, Baton Rouge, for defendant Baton Rouge Gen. Medical Center.

Before FOIL, WHIPPLE and KUHN, JJ.


KUHN, Judge.

After the death of a stroke victim, her children and surviving spouse sued defendant-hospital, Baton Rouge General ("BRG"). A jury found the hospital liable under 42 U.S.C.A. § 1395dd, the Emergency Medical Treatment and Active Labor Act ("EMTALA") and awarded damages. Additionally, the jury assessed 75% comparative fault to non-party doctors.

I. FACTS

On May 13, 1989, Mrs. Rosemary Roubique suffered a massive stroke while visiting...

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