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MILES v. OUR LADY OF THE LAKE REG. MEDICAL

No. 2001 CA 2272.

836 So.2d 136 (2002)

Aaron MILES and Carrie Miles, on Behalf of Velma Miles and Baby Miles (Deceased) v. OUR LADY OF THE LAKE REGIONAL MEDICAL CENTER and an Unknown Emergency Room Treating Physician at Our Lady of the Lake Regional Medical Center.

Court of Appeal of Louisiana, First Circuit.

October 2, 2002.

Attorney(s) appearing for the Case

Robert E. Randolph, Baton Rouge, for Plaintiffs—Appellants Aaron Miles and Carrie Miles, on behalf of Velma Miles and Baby Miles (Deceased).

Douglas K. Williams, Luis A. Leitzelar, Baton Rouge, for Defendant—Appellee Our Lady of the Lake Regional Medical Center.

Before: FOIL, FOGG, and KLINE, JJ.

FOGG, J.

The issue raised on appeal in this medical malpractice action brought by parents on behalf of their adult daughter is whether the trial court erred in dismissing the lawsuit upon a finding that the parents lacked procedural capacity. For the following reasons, we affirm.

On August 18, 1998, Velma Miles, a forty-two-year-old woman with a history of mental illness, arrived at the emergency room of Our Lady...

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