# Hebert v. Plaquemine Caring, L.L.C.

> Louisiana Court of Appeal · June 16, 2010 · 2007 La.App. 1 Cir. 2243

URL: https://www.frixlaw.com/law-library/cases/9783445

## Case

- **Full name:** Lena HEBERT, Spouse of Morgan Cephas Hebert, Sr. (Deceased), Diane H. Melvin and Morgan Hebert, Jr. v. PLAQUEMINE CARING, L.L.C.
- **Court:** Louisiana Court of Appeal
- **Decided:** June 16, 2010
- **Citations:** 2007 La.App. 1 Cir. 2243; 43 So. 3d 239; 2010 La. App. LEXIS 913; 2010 WL 2430389
- **Precedential status:** Published
- **Opinion:** Concurrence by McCLENDON
- **Judges:** Pettigrew, Gaidry, McDonald, McClendon, Welch
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9783445

## Opinion text

McCLENDON, J.,
concurring.
|¶1 respectfully concur.
Although plaintiffs presented scant evidence to establish, by a preponderance of the evidence, that defendant’s conduct caused Mr. Hebert to suffer a lost chance of survival, given Dr. Roddy’s testimony that if someone had paid attention to Mr. Hebert’s respiratory rate of 24 at 5:00 a.m., “we might have prevented this patient’s death,” I must concur with the result reached by the majority.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9783445. Public record. Not legal advice.