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GIBBS v. MAGNOLIA LIVING CENTER, INC.

No. 38,184-CW.

870 So.2d 1111 (2004)

Jeannie GIBBS, Plaintiff-Respondent v. MAGNOLIA LIVING CENTER, INC., Defendant-Applicant.

Court of Appeal of Louisiana, Second Circuit.

April 7, 2004.

Attorney(s) appearing for the Case

Keiser, Auzenne & Boudreaux by Randall B. Keiser, Alexandria, for Applicant.

James D. Caldwell, Tallulah, for Respondent.

Before STEWART, GASKINS and CARAWAY, JJ.

CARAWAY, J.

The plaintiff, alleging herself to be "a surviving child" of the decedent, filed this suit against a nursing home asserting survival and wrongful death claims grounded in the Nursing Home Bill of Rights. Additionally, the plaintiff had an action instituted against four other health care providers before a medical review panel for alleged medical malpractice. Following the trial court's denial of defendant's dilatory and

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