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WILLIAMSON v. HOSPITAL SERVICE OF JEFFERSON

No. 2004-C-0451.

888 So.2d 782 (2004)

Vayneary WILLIAMSON v. HOSPITAL SERVICE DISTRICT NO. 1 OF JEFFERSON d/b/a West Jefferson Medical Center.

Supreme Court of Louisiana.

December 1, 2004.

Attorney(s) appearing for the Case

Tarcza & Associates, LLC, Robert Emmet Tarcza, Michael Anthony Triay, New Orleans, for applicant.

Breazeale, Sachse & Wilson, LLP, Michael Charles Luquet, Peter J. Butler, Peter J. Butler, Jr., Ralph T. Rabalais, New Orleans, for respondent.

Lewis Kullman & Sterbcow, Lawrence S. Kullman, New Orleans, for amicus curiae Louisiana Trial Lawyers Association.

CALOGERO, Chief Justice.*

Not every unintentional tort committed by a qualified health care provider falls within the Medical Malpractice Act, only those "arising from medical malpractice." La.Rev.Stat. 40:1299.41(l). Plaintiff alleges in her petition, as supplemented and amended by her second supplemental and amending petition, that she was being pushed in a wheelchair by an employee of the defendant, West Jefferson Medical Center...

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