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THIBODEAUX v. JURGELSKY

No. CA 2003-1298.

879 So.2d 909 (2004)

Brenda R. Thibodeaux and Lucien G. THIBODEAUX v. Debbie M. JURGELSKY, M.D.

Court of Appeal of Louisiana, Third Circuit.

July 14, 2004.

Attorney(s) appearing for the Case

Marc W. Judice, Judice & Adley, Lafayette, LA, for Defendant/Appellee, Debbie M. Jurgelsky, M.D.

Katherine Aline Pavy, Lafayette, LA, for Defendant/Appellee, Debbie M. Jurgelsky, M.D.

David Charles LaBorde, The LaBorde Law Firm, Lafayette, LA, for Plaintiffs/Appellants, Brenda and Lucien Thibodeaux.

Robert Steven Patriquin, Patriquin Law Firm, Baton Rouge, LA, for Plaintiffs/Appellants, Brenda and Lucien Thibodeaux.

Court composed of JOHN D. SAUNDERS, BILLIE COLOMBARO WOODARD, OSWALD A. DECUIR, MICHAEL G. SULLIVAN, and BILLY HOWARD EZELL, Judges.

WOODARD, Judge.

Ms. Brenda Thibodeaux and her husband, Lucien (Gerard), appeal a trial court judgment which found that her OB/GYN, Dr. Debbie Jurgelsky, did not deviate from the proper standard of care when she performed a total abdominal hysterectomy during a dilation and curettage (D & C) procedure and more specifically, that Dr. Jurgelsky had consent to perform the hysterectomy. For the following reasons, we reverse.

* * *

Dr. Jurgelsky had...

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