MARTIN v. BERTHIER

No. 2009-CA-1360.

39 So.3d 774 (2010)

Kimberly MARTIN and Leonard Martin, Individually and on Behalf of Their Minor Child Ian Martin v. Robert BERTHIER, Terri Berthier, William J. Farrell, Jr. and Lakeland Hospital.

Court of Appeal of Louisiana, Fourth Circuit.

May 19, 2010.


Attorney(s) appearing for the Case

Clarence Roby, Jr., Law Offices of Clarence Roby, Jr., APLC, New Orleans, LA, for Plaintiffs/Appellants Kimberly Martin and Leonard Martin.

Stewart E. Niles, Jr., Karen M. Fontana, Niles Bourque & Fontana, L.L.C., New Orleans, LA, for Defendant/Appellee Robert Berthier, M.D.

(Court composed of Judge CHARLES R. JONES, Judge PATRICIA RIVET MURRAY, Judge MICHAEL E. KIRBY).


PATRICIA RIVET MURRAY, Judge.

This is a medical malpractice action. The sole issue raised on appeal by the plaintiff, Kimberly Martin,1 is whether the jury erred in finding that the defendant, Dr. Robert Berthier,2 did not commit medical malpractice by failing to obtain her informed consent to perform a tubal ligation. For the reasons that follow, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

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