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HONDROULIS v. SCHUHMACHER

No. 88-C-0600.

553 So.2d 398 (1988)

Viola K. HONDROULIS v. John SCHUHMACHER, M.D.

Supreme Court of Louisiana.

Rehearing Granted December 1, 1988.

Dissenting Opinion December 1, 1988.

On Rehearing June 19, 1989.

Rehearing Denied September 11, 1989.

Attorney(s) appearing for the Case

Trevor G. Bryan, Jefferson, Bryan, Gray & Jupiter, New Orleans, for applicant.

Edward Rice, Jr., Lisa D. Newman, Adams & Reese, New Orleans, for respondent.

WATSON, Justice.

Does a medical consent form, which tracks the language of LSA-R.S. 40:1299.40 A.,1 have to specify all known risks of a particular surgical procedure? Absent misrepresentation of material facts, what proof is required to rebut the statutory presumption of consent which arises when a patient signs the form?

FACTS

In 1975, plaintiff, Viola K. Hondroulis, had a bilateral L-5/S-1 discectomy. In May of 1981...

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