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GLASS v. ALTON OCHSNER MEDICAL FOUNDATION

No. 2004-CA-1824.

907 So.2d 782 (2005)

Frances GLASS v. ALTON OCHSNER MEDICAL FOUNDATION (Ochsner Foundation Hospital), Ochsner Clinic, L.L.C. and Warren R. Summer, M.D.

Court of Appeal of Louisiana, Fourth Circuit.

June 1, 2005.

Attorney(s) appearing for the Case

Clarence F. Favret, III, Favret, Demarest, Russo & Lutkewitte, New Orleans, Counsel for Plaintiff/Appellant.

Charles F. Gay, Jr., C. Byron Berry, Jr., Robert N. Markle, Adams and Reese LLP, New Orleans, Counsel for Defendant/Appellees, Alton Ochsner Medical Foundation (Ochsner Foundation Hospital) and Ochsner Clinic, L.L.C.

Charles C. Foti, Jr., Attorney General, Jude D. Bourque, Assistant Attorney General, Louisiana Department of Justice, Baton Rouge, Counsel for Defendant/Appellee, Warren R. Summer, M.D.

Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge JAMES F. McKAY III, Judge TERRI F. LOVE.

LOVE, J.

This appeal arises from a wrongful death claim and survival action in which Ms. Frances Glass (hereinafter "Ms. Glass") asserts Alton Ochsner Foundation Hospital (hereinafter "Ochsner") and Dr. Warren Summer (hereinafter "Dr. Summer") are liable for the death of her son, Wayne Hicks, as a result of Ochsner and Dr. Summer's negligent medical care. Ochsner and Dr. Summer's asserted in response exceptions of res judicata and no right of action, which the trial...

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