Patricia Goff and Mark Goff v. Dr. Robin L. Yue

2023-C-00121 · Supreme Court of Louisiana · October 20, 2023 · No. 2023-C-00121

Summary

The Louisiana Supreme Court affirmed the Third Circuit’s judgment awarding damages to Patricia and Mark Goff in their medical malpractice action against Dr. Robin L. Yue. The court held that the record disclosed no reversible error in the appellate court’s determination that the district court manifestly erred in finding that the plaintiffs failed to prove malpractice. Justice Crain dissented, concluding that the trial court’s finding was reasonable and should have been reinstated.

Holdings

  1. The court of appeal's judgment contained no reversible error and was affirmed.
  2. Any error resulting from the court of appeal's reference to evidence not properly introduced into the record was harmless because it did not prejudice the parties or affect the outcome.

Questions Presented

  1. Whether the court of appeal correctly reversed the district court's factual determination that plaintiffs failed to prove medical malpractice.
  2. Whether the court of appeal's reference to evidence not properly introduced into the record required reversal.

Disposition

affirmed

Cases Cited (6)

  • Goff v. Yue, 2022-78 (La. App. 3 Cir. 12/7/22), 362 So.3d 855(followed)
  • Mart v. Hill, 505 So.2d 1120, 1127 (La. 1987)(followed)
  • Buckbee v. United Gas Pipe Line Co. Inc., 561 So.2d 76, 85 (La. 1990)(followed)
  • Rosell v. ESCO, 549 So.2d 840, 844 (La. 1989)(followed)
  • Stobart v. State of Louisiana, Through Dep't of Transp. and Dev., 92-1328 (La. 4/12/93), 617 So.2d 880, 882-883(followed)
  • Martin v. East Jefferson Gen. Hosp., 582 So.2d 1272, 1276 (La. 1991)(followed)

Cited In (0)

No citing cases on record yet.

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