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GAUTHREAUX v. TROSCLAIR

No. 95 CA 0549.

676 So.2d 213 (1996)

Betty GAUTHREAUX, Individually and on Behalf of the Estate of Paul E. Gauthreaux, Donald Paul Gauthreaux, Laura Lynn Bellot, Penny Elizabeth Leblanc, Trudy Ann Braud, Colin James Gauthreaux, Jane Kathryn Gauthreaux, Kitty Judith Schwartz, Kelly Jude Gauthreaux, Allison Bankston and Jodie Elizabeth Gauthreaux, v. Boniface TROSCLAIR, M.D., and J. Barry Roberts, M.D.

Court of Appeal of Louisiana, First Circuit.

June 28, 1996.

Attorney(s) appearing for the Case

George M. Papale, Gretna, LA, William E. LeBlanc, Donaldsonville, LA, for Appellees Betty Gauthreaux, et al.

Donald S. Zuber, Baton Rouge, LA, for Appellants Louisiana Patient Compensation Fund and Dr. Samson.

Before LeBLANC, WHIPPLE and FOGG, JJ.

LeBLANC, Judge.

This is a medical malpractice suit in which we determine the applicability of the 1991 amendment to the Medical Malpractice Act, La.R.S. 40:1299.41, et. seq.

FACTS

On May 15, 1986, after a brief hospital stay, Mr. Paul E. Gauthreaux died. A suit for personal injury, survivor benefits, and the wrongful death of Mr. Gauthreaux was brought by his wife and children (plaintiffs). Plaintiffs alleged medical malpractice by Dr. Boniface...

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