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WILEY v. LIPKA

No. 42,794-CA.

975 So.2d 726 (2008)

Shameka WILEY and Jasmine Wiley, individually and on behalf of Donna Wiley, Plaintiff-Appellee v. John M. LIPKA, M.D., Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

February 6, 2008.

Attorney(s) appearing for the Case

Weil & Arceneaux by Richard L. Weil, Gerald F. Arceneaux, for Appellant, John M. Lipka, M.D.

Hudson, Potts & Bernstein, L.L.P. by Jay P. Adams, Gordon L. James, Monroe, for Appellant, State of La. Patient's Compensation Fund.

The Cochran Law Firm, Phillips and Mitchell, by Deborah E. Lavender, for Appellees.

Before STEWART, GASKINS and MOORE, JJ.

MOORE, J.

This is an appeal from a judgment against Dr. John M. Lipka for medical malpractice that resulted in the death of Donna Wiley on December 20, 2001. The decedent's two daughters, Shameka and Jasmine, brought a survival and wrongful death action alleging Dr. Lipka breached the standard of care in treating their mother. This core issue is whether Dr. Lipka breached the applicable standard of medical care in his response...

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