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
What did the consent form say about using
Did the physician follow the agreement in
the consent form?
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
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?
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
What did the trial court do?
What was the two step test the court adopted
Is this the same as the test in Cobbs v
How does this change the reading of the
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
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?
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