Legal Opinion

State ex rel. Department of Social Services ex rel. Harden v. Southern Baptist Hospital

Louisiana Court of Appeal

Decided October 12, 1995No. Nos. 94-CA-2228, 94-CA-2229PublishedCited by 20 opinions

1Opinion of the Court

liPLOTKIN, Judge.

In this appeal of a medical malpractice ease, this Court is asked to do three things: (1) determine the validity of a compromise agreement involving a minor, (2) decide the proper award of damages for two different claimants, and (3) apportion a limited fund between" those two claimants.

I. Facts

These consolidated wrongful death and survival actions arose out of the May 11,1988 death of Mary Silvia Harden at Southern Baptist Hospital as a result of an undetected, untreated ruptured spleen. On August 28, 1991, the State of Louisiana, through the Department of Social Services,…

Also in this document: Concurring in part, dissenting in part.

2Cases cited9 opinions

  1. Hutchinson v. PatelSupreme Court of Louisiana · 1994
  2. Copeland Enterprises, Inc. v. Slidell Memorial Hosp.Supreme Court of Louisiana · 1995
  3. Valet v. City of HammondLouisiana Court of Appeal · 1991
  4. Castillo v. Montelepre, Inc.Court of Appeals for the Fifth Circuit · 1993
  5. LaGraize v. BickhamLouisiana Court of Appeal · 1980

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3Cited by20 opinions

  1. Gladney v. SneedLouisiana Court of Appeal · 1999
  2. Bates v. City of New OrleansLouisiana Court of Appeal · 2014
  3. Brown v. Southern Baptist Hosp.Louisiana Court of Appeal · 1998
  4. Hoover v. BoucvaltLouisiana Court of Appeal · 1999
  5. Clardy v. ATS, Inc. Employee Welfare Benefit PlanDistrict Court, N.D. Mississippi · 1996

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