Legal Opinion
LaMartina v. Louisiana Patient's Compensation Fund
Louisiana Court of Appeal
Decided July 21, 2008No. 2007 CA 2281PublishedCited by 5 opinions
1Opinion of the Court
McDonald, j.
12This is an appeal from a declaratory judgment arising out of a medical malpractice complaint made by Dorothy and Michael Bush in connection with the death of their child, Dercel Bush, on or about May 25, 2002. Dr. John J. LaMartina, Jr. saw Dercel Bush at the West Jefferson Medical Center emergency room on October 21, 2001. Dercel Bush died on May 25, 2002, from complications of rheumatic fever.
In August of 2002, Dr. LaMartina retired from the practice of medicine. His professional liability insurance was written on a claims-made basis1, and he secured an endorsement from his…
2Cases cited13 opinions
- Smith v. Our Lady of the Lake Hospital, Inc.Supreme Court of Louisiana · 1994
- Samaha v. RauSupreme Court of Louisiana · 2008
- Duncan v. USAA Ins. Co.Supreme Court of Louisiana · 2007
- O.K. Realty Co. v. John A. Juliani, Inc.Louisiana Court of Appeal · 1924
- Cat's Meow, Inc. v. City of New Orleans Through Department of FinanceSupreme Court of Louisiana · 1998
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3Cited by5 opinions
- Olde Nawlins Cookery, L.L.C. v. EdwardsLouisiana Court of Appeal · 2010
- Ashe v. Board of Supervisors of Louisiana State UniversityLouisiana Court of Appeal · 2016
- Universal Placement International, Inc. v. Louisiana Workforce CommissionLouisiana Court of Appeal · 2012
- Edward A. Songy Jr., Chief Administrator of The Sales and Use Tax Department of the Iberville Parish Council v. Bayou Bridge Pipeline, LLC; and Riley Berthelot, Jr., in his capacity as Parish President of West Baton Rouge Parish, and Department of Revenue & Taxation, West Baton Rouge ParishLouisiana Court of Appeal · 2021
- Opinion Number, Louisiana Attorney General Reports2011