Kay D. Mills and Basil Delong v. Richard Warren Levy, M.D.

This Louisiana diversity action, involving a medical malpractice claim against the defendants, comes to this Court on appeal from the district court’s grant of defendants’ motion for directed verdict entered at the close of the plaintiffs’ case. On this appeal we agree with the district court that the plaintiffs failed to prove critical elements of a Louisiana malpractice cause of action. Further, the district court did not err in excluding hearsay statements attributed to the deceased, nor was it error to refuse to admit depositions of Florida doctors proffered to establish standards for…