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BOURGEOIS v. BAILEY

No. 01-CA-1269.

817 So.2d 240 (2002)

Aaron and Marina BOURGEOIS v. Dr. Colin BAILEY, UHS of New Orleans d/b/a River Parishes Hospital, D. Caldwell and Dr. Richard Roberts.

Court of Appeal of Louisiana, Fifth Circuit.

April 10, 2002.

Attorney(s) appearing for the Case

Thomas C. Cowan, Scott P. Yount, Darrin L. Forte, Preston & Cowan, L.L.P., New Orleans, LA, for Defendant/Appellant, Richard G. Roberts, III, M.D.

Thomas G. Wilkinson, Gretna, LA, for Amicus Curiae, American College of Emergency Physicians.

Jennifer N. Willis, R. Glenn Cater, Cater & Willis, APLC, New Orleans, LA, for Plaintiffs/Appellees, Aaron and Marina Bourgeois.

George E. Cain Frilot, Partridge, Kohnke & Clements, L.C., New Orleans, LA, for Intervenor, The Louisiana Patients' Compensation Fund.

Panel composed of Judges JAMES L. CANNELLA, THOMAS F. DALEY, and MARION F. EDWARDS.

DALEY, Judge.

The defendant, Dr. Richard Roberts, III, has appealed a jury verdict finding him liable in the death of plaintiffs' six year old son, Aaron. For the reasons which follow, we affirm.

FACTS:

Plaintiff, Marina Bourgeois, testified that her six-year-old son, Aaron, complained of a headache and began to run fever in the early morning hours of Monday, March 10, 1997. She treated the fever with Tylenol and he stayed home from school...

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