Byrd v. State ex rel. Department of Public Safety & Corrections

DOMENGEAUX, Chief Judge.

Eugene Byrd brought this medical malpractice suit against the State of Louisiana, through the Department of Public Safety and Corrections and the Department of Health and Human Resources. After a bench trial, judgment was rendered in favor of Byrd, and damages in the amount of $350,000 were awarded. The State has appealed on the merits and has also raised a procedural issue; we reverse in its favor.

FACTS

In December of 1985, Byrd was seen at Huey P. Long Memorial Hospital in Pineville for gastrointestinal problems consisting of abdominal pain, rectal bleeding, and…