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SMITH v. STATE DEPT. OF HEALTH & HOSP.

No. 95-C-0038.

676 So.2d 543 (1996)

Rachel SMITH et al. v. STATE of Louisiana, DEPARTMENT OF HEALTH AND HOSPITALS.

Supreme Court of Louisiana.

Rehearing Denied September 3, 1996.

Attorney(s) appearing for the Case

Oscar L. Shoenfelt, III, Marjorie Ann McKeithen, Moore, Walters & Shoenfelt, for Applicant.

Gordon L. James, Jan Peter Christiansen, Hudson, Potts & Bernstein, for Respondent.

Stewart Earl Niles, Jr., Patricia Anne Bethancourt, Counsel for Louisiana Medical Mutual Ins. Co., and LAMMICO amicus curiae.

Lawrence S. Kullman, Troy E. Bain, for Louisiana Trial Lawyers Association amicus curiae.

LEMMON, Justice*

On several occasions, this court has recognized the right to recover damages in medical malpractice cases for the loss of a chance of survival. Hastings v. Baton Rouge Gen. Hosp., 498 So.2d 713 (La.1986); Smith v. State Through Dept. of Health & Human Resources Admin., 523 So.2d 815

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