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Laws-info.com » Cases » Louisiana » Louisiana Supreme Court » 2005 » 2004-C-0589 PETER DRISCOLL, M.D. v. FRED J. STUCKER, M.D., ET AL
2004-C-0589 PETER DRISCOLL, M.D. v. FRED J. STUCKER, M.D., ET AL
State: Louisiana
Court: Supreme Court
Docket No: 2004-C-0589
Case Date: 01/01/2005
Preview:FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 3 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 19th day of January, 2005 , are as follows:

BY KNOLL, J .

2004-C- 0589

PETER DRISCOLL, M.D. v. FRED J. STUCKER, M.D., ET AL (Parish of Caddo) For the foregoing reasons, we reverse the lower courts' judgments as to the individual liability of Dr. Stucker. In all other respects, we affirm the judgments of the Court of Appeal, Second Circuit, and the First Judicial District Court. AFFIRMED IN PART; REVERSED IN PART. JOHNSON, J., dissents. VICTORY, J., dissents. TRAYLOR, J., dissents.

01/19/05

SUPREME COURT OF LOUISIANA NO. 04-C-0589

PETER DRISCOLL, M.D. Versus FRED J. STUCKER, M.D., ET AL. ON WRIT OF CERTIORARI FROM THE COURT OF APPEAL, SECOND CIRCUIT, PARISH OF CADDO

KNOLL, Justice This case concerns the liability and damages of a medical school and its supervising doctor that improperly causes a medical resident to be ineligible to sit for the board examination in the resident's specialty. More specifically, we are called upon to address the question of whether a medical doctor who successfully completes a residency program in otolaryngology has a property interest in receiving a letter of recommendation from his medical school that is a prerequisite for taking the written examination to make him a specialist in that field of medicine, and whether the decision to grant that letter falls within the concept of peer review immunized in LA. REV. STAT. ANN.
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