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SMITH v. TOURO INFIRMARY

NO. 2018-CA-1028.

363 So.3d 453 (2019)

Anthony SMITH, as Father and Natural Tutor of the Minor Child Therion West, as Wrongful Death and Survival Beneficiary of Felicia West, Deceased v. TOURO INFIRMARY, et al.

Court of Appeal of Louisiana, Fourth Circuit.

May 8, 2019.

Attorney(s) appearing for the Case

David A. Bowling , THE BOWLING LAW FIRM, APLC, 1615 Poydras Street, Suite 1050, New Orleans, LA 70112, COUNSEL FOR PLAINTIFF/APPELLANT, ANTHONY SMITH, AS FATHER AND NATURAL TUTOR OF THE MINOR CHILD THERION WEST, AS WRONGFUL DEATH AND SURVIVAL BENEFICIARY OF FELICIA WEST, DECEASED.

Jeff Landry , Attorney General, Victoria J. Cvitanovic , Assistant Attorney General, LOUISIANA DEPARTMENT OF JUSTICE, 1450 Poydras Street, Suite 900, New Orleans, LA 70112, COUNSEL FOR DEFENDANTS/APPELLEES, STATE OF LOUISIANA THROUGH THE BOARD OF SUPERVISORS OF LSU AND AGRICULTURAL AND MECHANICAL COLLEGE ON BEHALF OF LSU HEALTH SCIENCES CENTER AT NEW ORLEANS, LSU HEALTH CARE SERVICES DIVISION, AND MEDICAL CENTER OF LOUISIANA AT NEW ORLEANS — UNIVERSITY HOSPITAL, CAROLINE BURTON, M.D., AND STEPHEN A. MORSE, M.D.

(Court composed of Chief Judge James F. McKay III, Judge Terri F. Love, Judge Dale N. Atkins).

This appeal arises from the death of a hospital patient and the resulting medical malpractice action, wherein the private healthcare defendants settled prior to trial. The remaining State health care defendants filed a motion for summary judgment contending that plaintiff could no longer prove the damages element of his claim...

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