LUGENBUHL v. DOWLING

No. 96-C-1575.

701 So.2d 447 (1997)

Milton C. LUGENBUHL, et al. v. Dr. James DOWLING, et al. Wenonah Lugenbuhl, Wife of/and Milton C. LUGENBUHL, Jr. et al. v. James B. DOWLING, M.D., et al.

Supreme Court of Louisiana.

Rehearing Denied November 21, 1997.


Attorney(s) appearing for the Case

Stewart Earl Niles, Jr., Patricia Anne Bethancourt, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, for Applicant.

John Wayne Mumphrey, for Respondent.


LEMMON, Justice.

This is an action by a patient against his physician for damages allegedly caused by the doctor's failure to use surgical mesh, as requested by the patient, in repairing an incisional hernia. The principal issues before this court are (1) whether the doctor, in view of the patient's expressed desire that mesh be used in the surgery, properly informed the patient regarding the nature of the proposed procedure and its advisability and attendant risks...

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