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95-C-0038
State: Louisiana
Court: Supreme Court
Docket No: 95-C-0038
Case Date: 01/01/1996
Preview:SUPREME COURT OF LOUISIANA
No. 95-C-0038 RACHEL SMITH ET AL Versus STATE OF LOUISIANA, DEPARTMENT OF HEALTH AND HOSPITALS ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, SECOND CIRCUIT, PARISH OF OUACHITA

LEMMON, Justice* On several occasions, this court has recognized the right to recover damages in medical malpractice cases for the loss of a chance of survival. Hastings v. Baton Rouge Gen. Hosp., 498 So. 2d 713 (La. 1986); Smith v. State Through Dept. of Health & Human Resourses Admin., 523 So. 2d 815 (La. 1988) and Martin v. East Jefferson Gen. Hosp., 582 So. 2d 1272 (La. 1991). In Ambrose v. New Orleans Police Dept. Ambulance Serv., 93-3099, 93-3110, 93-3112, p. 4 (La. 7/5/94); 639 So. 2d 216, 219 n.4, we noted that this court has not yet addressed the method of valuation of the damages recoverable for the loss of a chance of survival. We granted certiorari in the instant medical malpractice case to address that issue.

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*Chief Judge Morris A. Lottinger, Jr., Court of Appeal, First Circuit, sitting by assignment in place of former Justice James L. Dennis. Kimball, J., not on panel. Rule IV, Part 2,
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