LOMBARDO v. ARGONAUT INS. CO.

No. 8415.

354 So.2d 731 (1978)

Mildred Hall LOMBARDO v. ARGONAUT INSURANCE CO., Donald Richardson, M.D., Methodist Hospital, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied February 14, 1978.

Writ Refused March 27, 1978.


Attorney(s) appearing for the Case

Levy & Smith, Lawrence J. Smith, New Orleans, for plaintiff-appellant.

Lawrence D. Wiedemann, Wiedemann & Fransen, New Orleans, for defendants-appellees.

Before BOUTALL, SCHOTT and GARSAUD, JJ.


BOUTALL, Judge.

This appeal involves medical malpractice and prescription. The sole issue is, assuming that the defendant physician did not have informed consent or any consent of the plaintiff for the performance of the surgical procedure known as a rhizotomy, what is the applicable prescriptive period to such a cause of action, i. e., one year, or ten years?

The conceded facts are that Mildred Hall Lombardo underwent a laminectomy at Methodist Hospital,...

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