Consent and Informed Consent

Louisiana Law

Guide - Lugenbuhl v. Dowling, 701 So.2d 447 (La. 1997), rehearing denied (Nov 21, 1997)

What is the patient's history with hernias?

Why does he want the hernia repaired with mesh?

What did the consent form say about using mesh?

Did the physician follow the agreement in the consent form?

Why not?

How much time elapsed between the surgery and the eventual hernia that is at issue in this lawsuit?

Is the new hernia the same size and location as the old one?

Has plaintiff had other hernia problems?

What does this do for a causation argument?

What is this lawsuit really about?

Should it have been brought?

How did the trial judge limit the issues before the jury?

What did the jury think of the claim?

Did the appeals court uphold that it was wrong to make the promise and then not keep it?

Look at the LA Statute, paragraph 31.

What was wrong with the consent forms in the first case under this law, LaCaze?

Was the consent defective?

Did the plaintiff get any money?

Why?

What did the defendant fail to tell the plaintiff in Pizzalotto?

Why did this matter to the plaintiff?

Is this a special area of concern?

What happened during surgery?

What legal theory did the LA SC apply?

Hondroulis explored materiality.

What did the defendant use as a model for the consent form?

What happened to the patient that was not in the form?

What did the trial court do?

What was the two step test the court adopted for materiality?

Is this the same as the test in Cobbs v Grant?

How does this change the reading of the statute?

What did the court do with the SJ?

How does La. Rev. Stat. 40:1299.40 E(2)(a) affect the use of battery? (Paragraph 52)

Returning to the present case

Why did defendant say he did not use the mesh?

What does this tell use about his intent when he presented the consent form?

Why are we looking at the special concerns of this patient, rather than just the reasonable patient?

Did the court find the defendant breached the duty of disclosure?

What is the causation problem?

What injury did the court find that the beach of duty caused?

How is this like a battery claim?

Why not just use a battery claim?

What damages can be compensated?

How much did the court award?

What does this tell future plaintiff's about the economics of their claims?

Are you curious about the statute of limitations problem, if there was not causation?