DocketDrift

Real-time tracking of state judicial trends.

Outcomes

Public record · Human review · No verdicts asserted

Cited by

Opinions in Louisiana that cite Lugenbuhl v. Dowling, 701 So. 2d 447.

51 citing documents.

  • Maria R. Ganoza v. James M. Laborde, M.D. and Interim Lsu Public Hospital F/K/A Medical Center of Louisiana … La. Ct. App. 4th Cir. 2023
  • Jennifer Ravain, Individually and on Behalf of Her Minor Child, Jason Ravain Versus Ochsner Medical Center Kenner, LLC, … La. Ct. App. 5th Cir. 2023
    10/10/97), the Louisiana Supreme Court rejected battery-based liability in lack of informed consent and no consent cases, and found that such cases sound in medical malpractice and must be submitted to a medical review panel.
  • Jennifer Theriot v. Physicians Medical Center, LLC and XYZ Insurance Company La. Ct. App. 1st Cir. 2022
  • Jennifer Theriot v. Physicians Medical Center, LLC and XYZ Insurance Company La. Ct. App. 1st Cir. 2022
  • Jane Doe, Individually and John Doe, Individually and as Natural Tutor for the Minor Child, J.D. v. Walt … La. Ct. App. 1st Cir. 2020
    Lugenbuhl v. Dowling, See also Wilson v. Landry ex rel., 98- 2365
  • Samuel F. Patterson, III v. Darryl W. Peterson, MD and Lammico Insurance Company, Inc. La. Ct. App. 1st Cir. 2020
  • Gary Nordgren v. State of Louisiana, through the Board of Supervisors of the Louisiana State University and Agricultural … La. Ct. App. 2d Cir. 2020
  • Carter v. Pointe Coupee Parish Sch. Board 268 So. 3d 1064 La. Ct. App. 1st Cir. 2018
    10/10/97), , 455, the Louisiana Supreme Court discussed the concept of "dignitary torts."
  • Magee v. Williams 197 So. 3d 265 La. Ct. App. 2d Cir. 2016
    Lugenbuhl v. Dowling, 96-1575 (La.10/10/97), ; Roberts v. Marx, 47,658 (La.App, 2 Cir. 1/16/13), , writ denied, 2013-0649 (La.4/26/13), .
  • Cobb v. Mitchell 121 So. 3d 692 La. Ct. App. 1st Cir. 2013
    Lugenbuhl v. Dowling, 96-1575, p. 4 (La.10/10/97), .
  • Clyde Snider, Jr. v. Louisiana Medical Mutual Ins. Co. La. Ct. App. 3d Cir. 2013
    10/10/97), and Jackson v. State, 05-2021 (La.
  • Snider v. Louisiana Medical Mutual Insurance 129 So. 3d 61 La. Ct. App. 1st Cir. 2013
    In accordance with the holdings in Lugenbuhl v. Dowling, 96-1575 (La.10/10/97), and Jackson v. State, 05-2021 (La.9/29/06), , we find Snider has met his burden to prove that his consent would have been reasonably withheld if he had been adequately informed of the non-emergent nature of his condition and of the low-risk alternative of doing nothing.
  • Joanne Henry, Et Ux. v. Zurich American Ins. Co. La. Ct. App. 3d Cir. 2013
    Looking to the Louisiana Case Law on informed consent the Court in Lugenbuhl versus Dowling, 96-1757, (La.
  • Henry v. Zurich American Insurance Co. 107 So. 3d 874 La. Ct. App. 1st Cir. 2013
    Looking to the Louisiana Case Law on informed consent the Court in Lugenbuhl versus Dowling, 96-1757, [,J stated clearly that the rule in a lack of informed consent case.
  • James Jefferson Price, IV v. Erbe USA, Inc. La. Ct. App. 3d Cir. 2010
    They cite Lugenbuhl v. Dowling, 96-1575, p. 12 (La.10/10/97), wherein the Louisiana Supreme Court noted a Plaintiff in “a lack of informed consent case must prove not only that the physician failed to disclose all material information, but also that there was a causal relationship between the doctor’s failure and the damages claimed by the patient.” Specifically, they
  • Price v. ERBE USA, INC. 42 So. 3d 985 La. Ct. App. 3d Cir. 2010
    They cite Lugenbuhl v. Dowling, 96-1575, p. 12 (La.10/10/97), , wherein the Louisiana Supreme Court noted a Plaintiff in "a lack of informed consent case must prove not only that the physician failed to disclose all material information, but also that there was a causal relationship between the doctor's failure and the damages claimed by the patient."
  • Jordan v. State ex rel. Board of Administrators 40 So. 3d 1139 La. Ct. App. 1st Cir. 2010
    Lugenbuhl v. Dowling, 96-1575 (La.1997), (citing Pfiffner v. Correa, 94-0924, 94-0963, 94-0992 (La.10/17/94) ; La.
  • Jordan v. STATE EX REL. BD. OF ADM'RS 40 So. 3d 1139 La. Ct. App. 4th Cir. 2010
    Lugenbuhl v. Dowling, 96-1575 (La.1997), (citing Pfiffner v. Correa, 94-0924, 94-0963, 94-0992 (La.10/17/94) ; La.
  • Martin v. Berthier 39 So. 3d 774 La. Ct. App. 1st Cir. 2010
    Thibodeaux v. Jurgelsky, 04-2004, p. 28 (La.3/11/05), -16 ; Brandt v. Engle, 00-3416, p. 10 (La.06/29/01), ; Lugenbuhl v. Dowling, 96-1575, p. 11 (La.10/10/97), .
  • John Maybrier v. Louisiana Medical Mutual ins.co. La. Ct. App. 3d Cir. 2009
    See Lugenbuhl v. Dowling, 96-1575, p. 9 (La.10/10/97), (“We therefore reject battery-based liability in lack of informed consent cases (which include no-consent cases) in favor of liability based on breach of the doctor’s duty to provide the patient with material information concerning the medical procedure.” (Emphasis supplied.)) The 1990 amendment added Section E t
  • Maybrier v. Louisiana Medical Mutual Insurance 12 So. 3d 1115 La. Ct. App. 1st Cir. 2009
    10/10/97), ("We therefore reject battery-based liability in lack of informed consent cases (which include no-consent cases) in favor of liability based on breach of the doctor's duty to provide the patient with material information concerning the medical procedure.” (Emphasis supplied.)
  • Thomas v. Anderson 997 So. 2d 729 La. Ct. App. 1st Cir. 2008
    Lugenbuhl v. Dowling, 96-1575, p. 12 (La.10/10/97), .
  • Tipton v. Campbell 996 So. 2d 27 La. Ct. App. 4th Cir. 2008
    Lugenbuhl v. Dowling, 96-1575, p. 11 (La.10/10/97), .
  • Rosales v. Loyola 973 So. 2d 858 La. Ct. App. 1st Cir. 2007
    Lugenbuhl v. Dowling, 96-1575 (La.10/10/97), .
  • Lieux v. Mitchell 951 So. 2d 307 La. Ct. App. 1st Cir. 2006
  • Packard v. Razza 927 So. 2d 529 La. Ct. App. 1st Cir. 2006
    Lugenbuhl v. Dowling, 96-1575 (La.10/10/97), , concurring opinion
  • Nestor v. LA. UNIV. HEALTH SCIENCES CENTER 917 So. 2d 1273 La. Ct. App. 2d Cir. 2005
    Lugenbuhl v. Dowling, 96-1575 (La.10/10/97), .
  • Buelle v. Periou 927 So. 2d 1126 La. Ct. App. 1st Cir. 2005
    In Lugenbuhl v. Dowling, 96-1575, p. 9 (La.10/10/97), , our supreme court specifically rejected battery-based liability in lack of informed consent and no-consent cases in favor of liability based on the breach of a doctor's duty to provide a patient with material information concerning the medical procedure.
  • Richard v. Colomb 916 So. 2d 1122 La. Ct. App. 1st Cir. 2005
    Lugenbuhl v. Dowling, 96-1575, p. 4 (La.10/10/97), .
  • Jackson v. State 907 So. 2d 250 La. Ct. App. 2d Cir. 2005
    Lugenbuhl v. Dowling, XXXX-XXXX (La.10/10/97), .
  • Thibodeaux v. Jurgelsky 898 So. 2d 299 La. 2005
    See Lugenbuhl v. Dowling, 96-1575, p. 9 (La.10/10/97), ("We therefore reject battery-based liability in lack of informed consent cases ( which include no-consent cases ) in favor of liability based on breach of the doctor's duty to provide the patient with material information concerning the medical procedure."
  • Thibodeaux v. Jurgelsky 879 So. 2d 909 La. Ct. App. 1st Cir. 2004
  • Filogene v. Brown 871 So. 2d 1206 La. Ct. App. 1st Cir. 2004
    In Lugenbuhl v. Dowling, 96-1575 (La.10/10/97), , however, the Louisiana Supreme Court rejected battery-based liability in lack of informed consent cases (which include no-consent cases) in favor of liability based on breach of the doctor’s duty to provide the patient with material information concerning the medical procedure.
  • Richard McNabb v. Louisiana Medical Mutual Insurance Company and Dr. Clinton E. Hart La. Ct. App. 3d Cir. 2003
  • McNabb v. Louisiana Medical Mutual Insurance 858 So. 2d 808 La. Ct. App. 1st Cir. 2003
    This proof of causation, is necessary as, a plaintiff “can only recover damages for those intrusions in which consent would have been reasonably withheld if the patient had been Inadequately informed.” Lugenbuhl v. Dowling, 96-1575, p. 12 (La.10/10/97), .
  • Baker v. Williams 825 So. 2d 563 La. Ct. App. 3d Cir. 2002
    Lugenbuhl v. Dowling, 96-1575, p. 12 (La.10/10/97); .
  • Fortier v. Dehne 804 So. 2d 819 La. Ct. App. 1st Cir. 2001
    Pursuant to the Supreme Court decision in Lugen-buhl versus Dowling, , the plaintiff has no cause of action for medical battery.
  • In re Medical Review Panel of Morris 802 So. 2d 999 La. Ct. App. 1st Cir. 2001
    Lugenbuhl v. Dowling, 96-1575 (La.10/10/97), .
  • Fuentes v. Doctors Hospital of Jefferson 802 So. 2d 865 La. Ct. App. 1st Cir. 2001
    The defendants further claim that the Louisiana Supreme Court held in Lugenbuhl v. Dowling, 96-1575 (La.10/10/97), , that the Medical Malpractice Act applies to lack of informed consent cases.
  • Baham v. Medical Center of Louisiana at New Orleans 792 So. 2d 85 La. Ct. App. 4th Cir. 2001
    Lugenbuhl v. Dowling, 96-1575, p. 9 (La.10/10/97), .
  • Ardoin v. Mills 780 So. 2d 1265 La. Ct. App. 3d Cir. 2001
    See also Lugenbuhl v. Dowling, 96-1575 (La.10/10/97); .
  • Turner v. Stassi 759 So. 2d 299 La. Ct. App. 2d Cir. 2000
    Lugenbuhl v. Dowling, 96-1575 (La.10/10/97), ; Pfiffner v. Correa, 94-0924, 94-0963, 94-0992 (La.10/17/94), ; Pugh v. Beach, 31,361 (La.App.2d Cir.12/11/98), .
  • Wilson ex rel. Wilson v. Landry 748 So. 2d 655 La. Ct. App. 1st Cir. 1999
    The trial court erred in failing to conduct an analysis of the retroactive application of Lugenbuhl v. Dowling [, 96-1575 (La.10/10/97), ,] as set for[th] in Magee [,] supra, Lovell[ v. Lovell, ] and Chevron [Oil Co. v. Huson, 404 U.S. 97 , 92 S.Ct.
  • Capel v. Langford 734 So. 2d 835 La. Ct. App. 3d Cir. 1999
    In Lugenbuhl v. Dowling, 96-1575, p. 12 (La.10/10/97); , the supreme court instructs us that a plaintiff must prove more than a failure of consent in order to recover damages: The plaintiff in a lack of informed consent case must prove not only that the physician failed to disclose all material information, but also that there was a causal relationship between the do
  • Young v. Louisiana Medical Mut. Ins. Co. 725 So. 2d 539 La. Ct. App. 5th Cir. 1998
    9:2794; Lugenbuhl v. Dowling, 96-1575 (La.10/10/97), .
  • Pugh v. Beach 722 So. 2d 442 La. Ct. App. 2d Cir. 1998
    Lugenbuhl v. Dowling, 96-1575 (La.10/10/97), ; Pfiffner v. Correa, 94-0924, 94-0963, 94-0992 (La.10/17/94), .
  • Barnes v. Harandi 727 So. 2d 530 La. Ct. App. 1st Cir. 1998
    This court based its holding on the Supreme Court’s decision in Lugenbuhl v. Dowling, 96-1575 (La.10/10/97), .
  • Banks v. Wright 721 So. 2d 1063 La. Ct. App. 1st Cir. 1998
    In Lugenbuhl v. Dowling, 96-1575 (La.10/10/97); , from which we quote at length, the Louisiana Supreme Court had occasion to address the question of proceeding under a theory of medical battery: This court [], concluding that the doctor removed the patient's reproductive organs without obtaining her implied or ex
  • Causey v. St. Francis Medical Center 719 So. 2d 1072 La. Ct. App. 2d Cir. 1998
    Lugenbuhl v. Dowling, 96-1575 (La.10/10/97), .
  • Hezeau v. Pendleton Methodist Mem. Hosp. 715 So. 2d 756 La. Ct. App. 4th Cir. 1998
    Lugenbuhl v. Dowling, 96-1575 (La.10/10/97), .