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TOSTON v. ST. FRANCIS MEDICAL CENTER, INC.

No. 49,963-CA.

178 So.3d 1084 (2015)

Lateea TOSTON, Individually and as Curatrix of Sylvella Toston, and as Tutrix of the Minors, Deidra Toston and Delia Toston, Cordney Toston, Landice Toston, and Jharon Toston, Plaintiffs v. ST. FRANCIS MEDICAL CENTER, INC. and State of Louisiana through Board of Supervisors of Louisiana State University and Agricultural and Mechanical College and/or through Louisiana State University Health Sciences Center-Shreveport (LSU Monroe), Defendants.

Court of Appeal of Louisiana, Second Circuit.

October 14, 2015.

Attorney(s) appearing for the Case

Hayes, Harkey, Smith & Cascio by John C. Roa , for First-Appellant, St. Francis Medical Center.

McNew, King, Burch & Landry by Brady D. King II , for Intervenor, Second-Appellant, The Patient's Compensation Fund.

Philip T. Deal , for Plaintiffs-Appellees.

Before CARAWAY, DREW and PITMAN, JJ.

This is a medical malpractice action arising out of the death of Annette Toston. After 44-year-old Toston died from complications from an underlying kidney infection in November, 2002, her seven children instituted suit for her wrongful death against St. Francis Medical Center and the State of Louisiana ("E.A. Conway" hospital). The...

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