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Richardson v. State

12/9/1998

R> There are two remaining assignments of error asserted by the appellant which were not addressed in our de novo review of this matter. First, the trial court allowed the depositions of Dr. Rankin and Dr. Treuting to be introduced into evidence, even though these witnesses were present and testified. Second, the trial court allowed the position paper filed by Mr. Richardson with the medical review panel to be introduced into evidence. There was no prejudice to the State by the admission of the depositions or the position paper since neither had a substantial effect on the outcome of the matter, and any error in allowing them into evidence was harmless. LaCombe v. Dr. Walter Olin Moss Reg'l Hosp., 617 So.2d 612 (La. App. 3 Cir. 1993); Agricultural Equip. Co., Inc. v. Rozas, 488 So.2d 241 (La. App. 3 Cir. 1986).


DECREE


For the foregoing reasons, the judgment of the trial court in favor of Mack Richardson and against the State of Louisiana, through the Louisiana Health Care Authority Huey P. Long Memorial Hospital, in amount of $45,000.00, together with legal interest thereon from August 5, 1993, until paid, together with all costs of court is affirmed. Costs of this appeal are assessed to the State.


AFFIRMED.




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