Supreme Court of Louisiana, 2000

Walston v. Lakeview Regional Medical Center

Walston v. Lakeview Regional Medical Center
Supreme Court of Louisiana · Decided December 15, 2000 · Calogero, Grant, Knoll, Lemmon, Writ
777 So. 2d 1229; 2000 La. LEXIS 3554 (Southern Reporter, Second Series)

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.

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