WILLIAMS v. O'NEILL

Nos. 99-CA-2575, 99-CA-2576, 99-CA-2577.

813 So.2d 548 (2002)

Marion WILLIAMS and Charles Williams v. Martin O'NEILL, M.D., Richard Vallette, M.D., Robert Morales, M.D., H.D. Taylor, M.D., New Orleans Radiology Group, Hamilton Bruni, M.D., F. Thompson, M.D., State of Louisiana through the Louisiana State Medical Center, et al. In re Medical Review Panel for the Claim of Marion Williams and Charles Williams. Marion Williams and Charles Williams v. Martin O'Neill, M.D., Richard Vallette, M.D., Robert Morales, M.D., H.D. Taylor, M.D., New Orleans Radiology Group, Hamilton Bruni, M.D., F. Thompson, M.D., State of Louisiana through the Louisiana State Medical Center, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied May 24, 2002.


Attorney(s) appearing for the Case

Michael C. Ginart, Jr., Law Office of Tonry & Ginart, Chalmette, LA, for Plaintiffs/Appellants.

Richard P. Ieyoub, Attorney General, Susan H. Lafaye, Assistant Attorney General, Department of Justice, New Orleans, LA, for R. Fulton Thompson, M.D.

Bruce A. Cranner, Frilot, Partridge, Kohnke & Clements, New Orleans, LA, for Intervenor, The Louisiana Patient's Compensation Fund.

(Court composed of Judge JOAN BERNARD ARMSTRONG, Judge STEVEN R. PLOTKIN, Judge TERRI F. LOVE).


PLOTKIN, Judge.

Among other things, the instant case presents the novel issue of whether plaintiffs in a medical malpractice action may recover damages up to the amount of two medical malpractice "caps" when their damages were caused both by the negligence of a health care provider qualified under the Medical Malpractice Act ("MMA"), LSA-R.S. 40:1299.40 et seq., and by a health care provider whose liability falls under the provisions of the Medical Liability...

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