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LACK OF INFORMED CONSENT FOR SURGERY

Patient sued physician, alleging that physician failed to properly inform her of risks of surgery prior to obtaining her consent for bunion surgery. The Civil District Court, Parish of Orleans, No. 86-2448, Max N. Tobias, Jr., J., entered judgment for patient. Physician appealed. The Court of Appeal, Armstrong, J., held that: (1) evidence supported finding that physician failed to fully inform patient of "risks" of surgery, and (2) evidence supported finding that reasonable person in plaintiff's position would not have consented to surgery if fully informed of "risks."

Affirmed for Plaintiff.

ARMSTRONG, Judge.

Mrs. Hartman went to see Dr. D'Ambrosia because she had a bunion on the great toe of her right foot. She had been to see another doctor previously but went to see Dr. D'Ambrosia on the recommendation of a friend who also was a friend of Dr. D'Ambrosia. There was some sort of mix up as to Mrs. Hartman's appointment time and she arrived just as Dr. D'Ambrosia was supposed to leave for a meeting. This circumstance seems to have caused the appointment to be quite brief, as little as fifteen minutes, and the time spent included some purely social conversation. This would have left little time for Dr. D'Ambrosia to give *2 much explanation of the risks of the surgery. Also, this brief appointment was the only time Mrs. Hartman was seen by Dr. D'Ambrosia until the surgery.

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