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REVIEW PANEL v. BERNICE REHAB. HOSP.

No. 38,402-CA.

870 So.2d 467 (2004)

In re MEDICAL REVIEW PANEL FOR the CLAIM OF GERTRUDE YOUNG, Plaintiff-Appellant v. BERNICE COMMUNITY REHABILITATION HOSPITAL, et al, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied May 6, 2004.

Attorney(s) appearing for the Case

Rickey K. Swift, for Appellant Gertrude Young.

Mayer, Smith & Roberts, by Paul R. Mayer, Jr., Shreveport, Steven E. Soileau, for Appellees Continental Casualty Co. and Bernice Community Rehabilitation Hospital.

Before STEWART, PEATROSS and LOLLEY, JJ.

STEWART, J.

The plaintiff, Gertrude Young, appeals a judgment dismissing her medical malpractice claim against Bernice Community Rehabilitation Hospital ("BCRH") and its insurer, Continental Casualty Company. The judgment of dismissal was rendered in accordance with a jury verdict finding no negligence on the part of BCRH in its treatment of Young. Under the facts of this case, we find manifest error in the jury's negligence determination, and we reverse the trial...

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