SMITH v. RAPIDES HEALTHCARE SYSTEM, L.L.C.

No. 13-1172.

134 So.3d 122 (2014)

Welkin SMITH, Indiv., et al. v. RAPIDES HEALTHCARE SYSTEM, L.L.C., et al.

Court of Appeal of Louisiana, Third Circuit.

March 5, 2014.


Attorney(s) appearing for the Case

Richard Lyons Weil , Weil & Associates, Bourg, LA, for Defendant/Appellee-Dave M. Rayburn, M.D.

Randall M. Seeser , Joseph P. Landreneau , Gold, Weems, Bruser, Sues & Rundell, Alexandria, LA, for Defendant/Appellee-Rapides Healthcare System, L.L.C., d/b/a Rapides Regional Medical Center.

John Mark Miller , Stamey & Miller, LLC, Natchitoches, LA, for Plaintiffs/Appellants-Welkin Smith, Individually and as Independent Administrator for the Succession of Linda Faye Smith, Deena D'Lynn Miles and Charles Edward Mangum, Jr.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, MARC T. AMY, and JAMES T. GENOVESE, Judges.


THIBODEAUX, Chief Judge.

In this medical malpractice case, Welkin Smith, the husband of a deceased patient, brought wrongful death and survival actions against Rapides Healthcare System, L.L.C. for negligent post-surgical care of his wife. The defendant moved for summary judgment, contending that the plaintiffs could not meet their evidentiary burden at trial as they failed to present any expert medical testimony that the defendant breached the applicable standard...

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