Walston v. Lakeview Regional Medical Center

Supreme Court of Louisiana
Walston v. Lakeview Regional Medical Center, 777 So. 2d 1229 (La. 2000)
2000 La. LEXIS 3554
Calogero, Grant, Knoll, Lemmon, Writ

Walston v. Lakeview Regional Medical Center

Concurring Opinion

LEMMON, J.,

concurs in the denial of the application. While I agree with plaintiff that a negligent breach of the standard of care may be inferred by the trier of fact without expert medical evidence, plaintiff must produce medical evidence in order to prove causation of the tort victim’s death.

Opinion of the Court

In re Walston, A.J.; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. B, No. 97-12633; to the Court of Appeal, First Circuit, No. 99-CA-1920.

Denied.

CALOGERO, C.J., and KNOLL, J„ would grant the writ.

Reference

Full Case Name
A.J. WALSTON, Surviving Spouse of Patrice Walston v. LAKEVIEW REGIONAL MEDICAL CENTER, Dr. Randall Juleff, Dr. Gregory Groglio, and Sherry Foy
Status
Published