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LUGENBUHL v. DOWLING

Nos. 95-CA-1557, 95-CA-1558.

676 So.2d 602 (1996)

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.

Court of Appeal of Louisiana, Fourth Circuit.

May 15, 1996.

Attorney(s) appearing for the Case

J. Wayne Mumphrey, Law Offices of J. Wayne Mumphrey, Chalmette, for Plaintiffs/Appellees.

Stewart E. Niles, Jr., Patricia A. Bethancourt, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, L.L.P., New Orleans, for James Dowling.

Bruce J. Toppin, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, L.L.P., New Orleans, for Louisiana Patients' Compensation Fund.

Before SCHOTT, C.J., and PLOTKIN and WALTZER, JJ.

PLOTKIN, Judge.

In this appeal, we consider whether the jury erred in finding a physician liable for damages arising from a patient's subsequent herniation after the physician failed to use the surgical mesh requested by the patient and agreed to by the physician. Finding that the record affords a reasonable basis for the jury's verdict on a theory of informed consent, we affirm the judgment.

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