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LAMARTINA v. LOUISIANA PATIENT'S COMP. FUND

No. 2007 CA 2281.

993 So.2d 249 (2008)

John J. LaMARTINA, Jr., M.D. v. LOUISIANA PATIENT'S COMPENSATION FUND and Dorothy and Michael Bush.

Court of Appeal of Louisiana, First Circuit.

July 21, 2008.

Attorney(s) appearing for the Case

Daniel A. Reed, Baton Rouge, Louisiana, for Plaintiff/Appellee, John J. LaMartina, Jr., M.D.

David A. Woolridge, Jr., Baton Rouge, Louisiana, for Defendant/Appellant, Louisiana Patient's Compensation Fund Oversight Board and Louisiana Patient's Compensation Fund.

David L. Browne, New Orleans, Louisiana, for Defendants, Dorothy and Michael Bush.

Before GAIDRY, McDONALD and McCLENDON, JJ.

McDONALD, J.

This is an appeal from a declaratory judgment arising out of a medical malpractice complaint made by Dorothy and Michael Bush in connection with the death of their child, Dercel Bush, on or about May 25, 2002. Dr. John J. LaMartina, Jr. saw Dercel Bush at the West Jefferson Medical Center emergency room on October 21, 2001. Dercel Bush died on May 25, 2002, from complications of rheumatic fever.

In August of 2002, Dr. LaMartina retired from the...

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