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GRAHAM v. RYAN

No. 93-CA-2155.

641 So.2d 677 (1994)

Woodrow GRAHAM, William Graham, J. Van Graham, Eric Graham, Larry Graham, Jack Michael Graham, Nancy Jones, Nellie Jones and Jerry Mooney v. Dr. Robert F. RYAN, Tulane University School of Medicine and Tulane Medical School.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied September 13, 1994.

Attorney(s) appearing for the Case

Michael C. Palmintier, deGravelles, Palmintier & Holthaus, Baton Rouge, and Daniel C. Palmintier, Lafayette, for plaintiffs.

Stewart E. Niles, Jr., Michelle A. Bourque, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, for defendants.

Before SCHOTT, C.J., and CIACCIO and ARMSTRONG, JJ.,

ARMSTRONG, Judge.

This is a medical malpractice case. Specifically, plaintiffs-appellants allege that the defendants-appellees did not obtain the informed consent of a patient for surgery and that, as a result of that surgery, the patient died. The trial court found that the plaintiffs, who are the adult children of the patient, had failed to rebut a presumption of informed consent which is applicable under the Uniform Consent Law, La.R.S. 40:1299.40, and directed...

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