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SMITH v. CLEMENT

No. 01-87.

797 So.2d 151 (2001)

Rebecca and Stanley SMITH v. Richard J. CLEMENT, M.D.

Court of Appeal of Louisiana, Third Circuit.

October 3, 2001.

Attorney(s) appearing for the Case

Oliver "Jackson" Schrumpf, Schrumpf & Schrumpf, Sulphur, LA, Counsel For Plaintiffs/Appellees: Stanley Smith, Rebecca Smith.

Lee H. des Bordes, Jr., Attorney at Law, Baton Rouge, LA, Counsel for Defendant/Appellant: Richard J. Clement, M.D.

Michele S. Caballero, M. Keith Prudhomme, Woodley, Williams, Boudreaux, Norman, Brown & Doyle, Lake Charles, LA, Counsel for Defendant/Appellant: Louisiana Patients Compensation Fund.

Court composed of HENRY L. YELVERTON, BILLIE COLOMBARO WOODARD, and MICHAEL G. SULLIVAN, Judges.

SULLIVAN, Judge.

Dr. Richard Clement and the Patient Compensation Fund (PCF) appeal the confirmation of a default judgment against Dr. Clement. For the following reasons, we affirm.

Facts

On August 22, 1996, Dr. Clement delivered a baby boy to Rebecca and Stanley Smith. During her prenatal care, Ms. Smith decided that she did not want to get pregnant again and requested that Dr. Clement, who was her obstetrician, perform a bilateral tubal ligation...

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