PHILLIPS v. STATE EX REL. LSU MEDICAL CENT.

No. 08-1411.

9 So.3d 1080 (2009)

Lori PHILLIPS v. STATE of Louisiana through LSU MEDICAL CENTER, Health Science Center, University Medical Center-Lafayette and James M. Roth, M.D. and Guy P. Zeringue, M.D.

Court of Appeal of Louisiana, Third Circuit.

April 15, 2009.


Attorney(s) appearing for the Case

L. Clayton Burgess, Lauren K. Ledet, L. Clayton Burgess, A.P.L.C., Lafayette, LA, for Appellants, Lori Phillips.

James D. "Buddy" Caldwell, Attorney General, Paula M. Boagni Bertucinni, Assistant Attorney General, Louisiana Department of Justice, Litigation Division, Baton Rouge, LA, for Defendants-Appellees, State of Louisiana, et al.

Court composed of SYLVIA R. COOKS, ELIZABETH A. PICKETT and BILLY H. EZELL, Judges.


COOKS, Judge.

The plaintiff in this medical malpractice claim, Lori Phillips, appeals the trial court's grant of summary judgment dismissing her claim. Finding there were material issues of fact on the issue of informed consent precluding the granting of summary judgment, we reverse and remand for trial on the merits.

FACTS AND PROCEDURAL HISTORY

On April 18, 2002, Lori Phillips met with Dr. Guy Zeringue, III at University Medical Center (UMC) in...

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