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EVANS v. NOGUES

No. 99-CA-2761.

775 So.2d 471 (2000)

Sandie EVANS v. Louis Phillip NOGUES, III, D.D.S. and Medical Protective Company.

Court of Appeal of Louisiana, Fourth Circuit.

Opinion Vacating Original Decision on Grant of Rehearing November 29, 2000.

Writ Denied March 9, 2001.

Attorney(s) appearing for the Case

Glenn E. Diaz, Carlos A. Zelaya, II, Chalmette, Louisiana, for plaintiff/appellee.

Peter E. Sperling, Mara P. Derme, Frilot, Partridge, Kohnke & Clements, L.C., New Orleans, Louisiana, for defendant/appellant (Louisiana's Patients' Compensation Fund).

Court composed of Chief Judge ROBERT J. KLEES, Judge WILLIAM H. BYRNES, III, Judge MICHAEL E. KIRBY.

KIRBY, J.

The defendant, Louisiana Patients' Compensation Fund ("PCF"), appeals the trial court's judgment awarding damages to plaintiff Sandie Evans in this dental malpractice case.

On March 13, 1992, plaintiff's dentist, Dr. Louis Nogues, III, extracted one of plaintiff's wisdom teeth. During this procedure, plaintiff's lingual nerve on the left side was severed. On April 19, 1993, plaintiff underwent surgery to relieve the pain she was experiencing. On...

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