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GRAHAM v. WILLIS-KNIGHTON MEDICAL CENTER

No. 27,338-CA.

662 So.2d 161 (1995)

Melvin GRAHAM, Plaintiff-Appellant, v. WILLIS-KNIGHTON MEDICAL CENTER, et al., Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

Order Denying Rehearing in Part and Granting Rehearing in Part November 1, 1995.

Attorney(s) appearing for the Case

Nelson & Hammons by John L. Hammons, Shreveport, for appellant.

Cook, Yancey, King & Galloway by Albert M. Hand, Jr., Shreveport, Blanchard, Walker, O'Quin & Roberts by Joseph W. Woodley, Shreveport, and Jack M. Bailey, Jr., Shreveport, for appellee.

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

NORRIS, Judge.

After a failed revascularization surgery which resulted in the loss of his right leg, Melvin Graham settled with the negligent surgeon and his insurer for their policy limits. Graham then pursued his claim for excess damages against the Louisiana Patient's Compensation Fund (the "Fund"). The district court rejected the claim; Graham now appeals. We conclude the court erred in failing to find that the settlement agreement resolved the question of the...

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