Cited by

Opinions in Louisiana that cite Roberson v. Provident House, 576 So. 2d 992.

22 citing documents.

Pedestal Bank v. Castaways Oyster Bar & Seafood Grill, LLC La. Ct. App. 3d Cir. 2023
“The general rule as stated .
Black Water Marsh, LLC v. Roger C. Ferriss Properties, Inc. La. Ct. App. 3d Cir. 2017
Louisiana Code of Civil Procedure Article 1154 states, in pertinent part, “[w]hen issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised by the pleading.” The supreme court, stated: “The general rule .
Martin v. Unopened Succession of Martin 161 So. 3d 1010 La. Ct. App. 2d Cir. 2015
Schnell v. Mendoza 105 So. 3d 874 La. Ct. App. 1st Cir. 2012
Yates v. Elmer 948 So. 2d 1092 La. Ct. App. 1st Cir. 2006
Id.; see also: Guirard v. Pelican Pub.
Jackson v. TULANE MEDICAL CENTER HOSP. 942 So. 2d 509 La. 2006
Lemann v. Essen Lane Daiquiris, Inc. 923 So. 2d 627 La. 2006
40:1299.56 ("Nothing contained [in the Louisiana Medical Consent Law] shall be construed to abridge any right of a person eighteen years of age or over to refuse to consent to medical or surgical treatment as to his own person.") See also, on reh'g (La.1989), for the proposition that the right to privacy contained in Article 1, § 5 of the 1974 Louisiana Constitution protects an individual's right to decide whether to obtain or reject medical treatment.
Riley v. Maison Orleans II, Inc. 829 So. 2d 479 La. Ct. App. 4th Cir. 2002
4 Cir.1990), reversed in part on other grounds
Marchetta v. CPC of Louisiana, Inc. 759 So. 2d 151 La. Ct. App. 4th Cir. 2000
Fitzgerald v. Tucker 737 So. 2d 706 La. 1999
art. 1154; -95 (La.1991); , 114-15 & n. 10 (La.1975); Cooper v. Borden, 30,292 (La.
Harris v. Cola 732 So. 2d 822 La. Ct. App. 1st Cir. 1999
Causey v. St. Francis Medical Center 719 So. 2d 1072 La. Ct. App. 2d Cir. 1998
which held that performing a medical procedure without obtaining any kind of consent, as opposed to inadequate disclosure, was a battery.
Lugenbuhl v. Dowling 701 So. 2d 447 La. 1997
[5] (nurse's insertion of an in-dwelling catheter into the quadriplegic patient's bladder through his penis, without his consent and over his objection in a non-emergency situation, constituted a battery for which the hospital was liable for mental and physical pain and suffering aggravated by complications that
US Fidelity and Guar. Co. v. Hurley 698 So. 2d 482 La. Ct. App. 4th Cir. 1997
Stockstill v. CF Industries, Inc. 665 So. 2d 802 La. Ct. App. 1st Cir. 1995
In Re Viviano 645 So. 2d 1301 La. Ct. App. 4th Cir. 1994
Sledge v. Continental Cas. Co. 639 So. 2d 805 La. Ct. App. 2d Cir. 1994
Pond v. Campbell, 251 La.
Coleman v. Caddo Parish School Bd. 635 So. 2d 1238 La. Ct. App. 2d Cir. 1994
Fontaine v. Roman Catholic Church 625 So. 2d 548 La. Ct. App. 4th Cir. 1993
In brief, for the proposition that "a Louisiana plaintiff is entitled to recover under any theory supported by the facts regardless of whether that specific legal theory is pled and even if not recognized until on appeal."
Riser v. AMERICAN MEDICAL INTERN., INC. 620 So. 2d 372 La. Ct. App. 5th Cir. 1993
Karl J. Pizzalotto, M.D., (La.
Verdun v. State ex rel. Department of Health & Human Resources 598 So. 2d 1091 La. Ct. App. 1st Cir. 1992
Verdun v. STATE THROUGH DHHR 598 So. 2d 1091 La. Ct. App. 4th Cir. 1992