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WILLIAMS v. STATE, DEPT. OF HEALTH & HOSPITALS

No. 95-CA-0713.

671 So.2d 899 (1996)

Christina N. and Joseph P. WILLIAMS, et al. v. STATE of Louisiana, DEPARTMENT OF HEALTH AND HOSPITALS, et al.

Supreme Court of Louisiana.

January 26, 1996.

Attorney(s) appearing for the Case

Charles T. Williams, Jr., Robert W. Stratton, Richard P. Ieyoub, Attorney General, John E. Baker, for Applicant.

Lawrence J. Smith, Pamela M. West, for Respondent.

Lawrence S. Kullman, for Louisiana Trial Lawyers Association (amicus curiae).

JOHNSON, Justice.1

This matter comes before the court as a direct appeal from a trial judge's determination that La.R.S. 40:1299.39 which establishes a limitation on the state's liability in medical malpractice cases, is unconstitutional.2 The basis for the lower court's finding of unconstitutionality stems from a prior decision of this court namely, Chamberlain v. State Through DOTD,

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