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DEROCHE v. TANENBAUM

No. 2013-CA-0979.

131 So.3d 400 (2013)

Elaine DEROCHE and Gerald Deroche. v. Rian M. TANENBAUM, M.D., Metropolitan Gastroenterology Associates, and C.B. Fleet Company, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

December 18, 2013.

Attorney(s) appearing for the Case

Leo J. Palazzo , Jason John Markey , Palazzo Law Firm, APLC Gretna, LA, for Plaintiff/Appellant.

Stewart Earl Niles, Jr. , Karen Marie Fontana , Niles Bourque Fontana & Knight, L.L.C. New Orleans, LA, for Defendant/Appellee.

(Court composed of Chief Judge JAMES F. McKAY, III, Judge MAX N. TOBIAS, JR., Judge MADELEINE M. LANDRIEU).

MAX N. TOBIAS, JR., Judge.

The plaintiffs, Elaine and Gerald Deroche, appeal a summary judgment dismissing their medical malpractice action against the defendant, Rian M. Tanenbaum, M.D., with prejudice. For the following reasons, we affirm.

I.

On 16 January 2008, Elaine Deroche filed a complaint with the Louisiana Patients' Compensation Fund ("LPCF") alleging that Dr. Tanenbaum, a gastroenterologist, deviated from the prevailing standards of care...

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