Ardoin v. Murdock

711 So. 2d 837, 1998 WL 175580
CourtLouisiana Court of Appeal
DecidedApril 15, 1998
Docket97-1468
StatusPublished
Cited by4 cases

This text of 711 So. 2d 837 (Ardoin v. Murdock) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ardoin v. Murdock, 711 So. 2d 837, 1998 WL 175580 (La. Ct. App. 1998).

Opinion

711 So.2d 837 (1998)

Deborah and Neson ARDOIN, Plaintiffs-Appellants,
v.
Dr. Gerald MURDOCK, Defendant-Appellee.

No. 97-1468.

Court of Appeal of Louisiana, Third Circuit.

April 15, 1998.

*838 Anthony Craig Dupre, John Blake Deshotels, Ville Platte, for Deborah and Neson Ardoin.

Marc W. Judice, Lafayette, for Dr. Gerald Murdock.

Before THIBODEAUX, COOKS and AMY, JJ.

*839 THIBODEAUX, Judge.

Deborah and Neson Ardoin filed a medical malpractice suit against Dr. Gerald Murdock, seeking damages for postoperative injuries sustained by Mrs. Ardoin after she underwent a first rib resection procedure. Mrs. Ardoin contends that Dr. Murdock failed to inform her of all material risks associated with the surgical procedure. Therefore, Dr. Murdock failed to properly obtain her informed consent to the surgery.

After a jury trial on the matter, judgment was rendered in favor of Dr. Murdock. The jury determined that the plaintiff failed to sustain the burden of proving the existence of a material risk or risks of the surgery unknown to the plaintiff and, thereby, denied the plaintiff's request for damages. From this judgment, the plaintiff appeals.

Based on the following reasons, we affirm the judgment of the trial court.

I.

ISSUES

We shall consider:

1. whether the trial jury erred in finding that the plaintiff failed to prove the existence of a material risk or risks of the surgery unknown to the plaintiff; and
2. whether the trial court erred in limiting each party to five jury charges and in failing to properly instruct the jury on the issue of negligence as it applies to medical malpractice suits.

II.

FACTS

In 1987, Deborah Ardoin began experiencing problems with her right arm. The symptoms included numbness, tingling, weakness and, occasionally, an inability to securely grasp objects. As these symptoms worsened, Mrs. Ardoin consulted Dr. Murdock. Upon examining Mrs. Ardoin, Dr. Murdock diagnosed her condition as thoracic outlet syndrome.

Essentially, thoracic outlet syndrome is a severe nerve impingement situated in the upper neck region. This condition involves the compression or narrowing of a space through which the nerves and blood vessels travel. Common symptoms include numbness and tingling. If untreated, the condition deteriorates and causes severe pain and loss of motor control.

To remedy Mrs. Ardoin's complications, Dr. Murdock proposed a surgical procedure known as a first rib resection, which would alleviate the pressure on the nerves and restore full function to her right arm. The procedure entails removing the first rib to take pressure off the nerve and blood vessels as they exist in the thoracic cavity.

After discussing the procedure and the associated risks with Dr. Murdock, Mrs. Ardoin consented to the surgery. For approximately one year following the surgery, Mrs. Ardoin experienced some numbness and tingling in her right arm. The symptoms were attributable to the effects of the surgery. Eventually, these symptoms subsided.

Eight years later, in 1995, Mrs. Ardoin developed identical symptoms in her left arm. The symptoms of numbness and tingling had progressed to the point where she was losing motor control and unable to firmly grasp objects. After consulting with Dr. Murdock, Mrs. Ardoin was again diagnosed with thoracic outlet syndrome which, in this instance, affected her left arm. On August 1, 1995, she elected to undergo a left first rib resection to relieve nerve pressure on the left side of her body.

Shortly after the surgery, Mrs. Ardoin complained of numbness and tingling in her left arm, similar to those symptoms which she experienced after the 1987 surgery. As her condition worsened over the course of several months, the pain in her left arm intensified. She was eventually diagnosed with sympathetic reflex dystrophy and C8 nerve root damage.

Subsequently, Mrs. Ardoin filed a claim with a medical review panel, alleging Dr. Murdock failed to obtain her informed consent to the surgery. On March 5, 1997, the panel rendered its decision, stating that Dr. Murdock failed to comply with the appropriate standard of care because the medical *840 consent form lacked the specificity required to inform a patient of the possible complications of the proposed surgery. However, the panel found no evidence that the surgical procedure was performed in a negligent manner and held that Mrs. Ardoin failed to establish a causal connection between the alleged conduct and her postoperative injuries.

On March 14, 1997, Mrs. Ardoin and her husband filed a petition for damages against Dr. Murdock, alleging a lack of informed consent. The suit was tried before a jury. After reviewing the evidence, the jury found that the plaintiff, Mrs. Ardoin, failed to prove the existence of a material risk or risks of the surgery unknown to her. The jury rendered judgment in favor of the defendant, Dr. Murdock, and denied the plaintiff's request for damages.

III.

LAW & DISCUSSION

Knowledge of Material Risks

The plaintiff contends that the trial jury erred in finding that she did not prove the existence of a material risk or risks of the surgery unknown to her. The plaintiff argues that Dr. Murdock failed to disclose all material risks associated with a left first rib resection in accordance with the Louisiana Medical Disclosure Act, La.R.S. 40:1299.40. Therefore, Dr. Murdock failed to obtain the plaintiff's informed consent to the surgery and, thereby, should be held liable for the plaintiff's damages. We disagree.

A review of a trial jury's findings presents a question of fact. If the findings of the trial jury are reasonable, in light of the record, an appellate court may not reverse, even though convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently. Rosell v. ESCO, 549 So.2d 840 (La.1989); Arceneaux v. Domingue, 365 So.2d 1330 (La.1978). In the absence of manifest error or unless it is clearly wrong, a jury's findings of fact will not be disturbed. Id.

The presumption of informed consent regarding a medical patient is statutorily governed by La.R.S. 40:1299.40, which, in pertinent part, provides:

A. (1) Notwithstanding any other law to the contrary, written consent to medical treatment means a consent in writing to any medical or surgical procedure or course of procedures which: sets forth in general terms the nature and purpose of the procedure or procedures, together with the known risks, if any, of death, brain damage, quadriplegia, paraplegia, the loss or loss of function of any organ or limb, of disfiguring scars associated with such procedure or procedures; acknowledges that such disclosure of information has been made and that all questions asked about the procedure or procedures have been answered in a satisfactory manner; and is signed by the patient for whom the procedure is to be performed, or if the patient for any reason lacks legal capacity to consent by a person who has legal authority to consent on behalf of such patient in such circumstances. Such consent shall be presumed to be valid and effective, in the absence of proof that execution of the consent was induced by misrepresentation of material facts.

Thus, once a patient signs a written document apprising him of the risks associated with the proposed medical procedure, the patient's consent is presumed to be valid and effective. Hondroulis v. Schuhmacher, 553 So.2d 398 (La.1988).

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Bluebook (online)
711 So. 2d 837, 1998 WL 175580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ardoin-v-murdock-lactapp-1998.