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EVANS v. LA. PATIENT'S COMPENSATION FUND

Nos. 2002-CA-0538, 2002-CA-1486, 2002-CA-1809, 2003-CA-0187.

869 So.2d 234 (2004)

Henry EVANS, M.D. v. LOUISIANA PATIENT'S COMPENSATION FUND. John Lee Talbert, Jr. and Cynthia Talbert v. Louisiana Avenue Medical Center, Inc. Paulette Scott on her Own Behalf of and as Natural Tutrix of Her Minor Child, Yoshiandra Peshawn Williams v. Dr. David Golden; Gecis Medical Center, Corporation; United Medical Center; Dr. Roberto Mendoza; Dr. William Grant; Dr. Don E. Carter; and XYZ Insurance Companies. Lillie Mae Celestin, Joe Spencer, Shirley S. Nero, Raymond Spencer and Brenda Spencer v. State of Louisiana, Medical Center of Louisiana at New Orleans, Dr. John Doe and Dr. Henry Evans.

Court of Appeal of Louisiana, Fourth Circuit.

February 25, 2004.

Attorney(s) appearing for the Case

Bruce C. Waltzer, Joel Waltzer, Waltzer & Associates, New Orleans, LA, for Henry Evans, M.D.

Stephanie B. Laborde, Milling Benson Woodward, L.L.P., Baton Rouge, LA, for Louisiana Patients' Compensation Fund.

(Court composed of Judge CHARLES R. JONES, Judge MICHAEL E. KIRBY, Judge MAX N. TOBIAS, JR.).

MICHAEL E. KIRBY, Judge.

All of these cases involve physicians who had placed a deposit of $125,000.00 with the Louisiana Patients' Compensation Fund ("PCF") as proof of financial responsibility. By doing so they were classified as "self-insured" under the Louisiana Medical Malpractice Act for the first $100,000.00 of potential liability to a claimant. In three of the cases,1 all involving Dr. Henry Evans, upon receiving notice of the...

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