25 Louisiana opinions name it 2 courts 1989–2023 1 in the last five years
The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Hondroulis v. Schuhmachergreen2 sentences2016Hondroulis v. Schuhmacher, 553 So.2d 398, 411 (La.1988)), discussed the principles underlying Louisiana’s informed consent doctrine: The informed consent doctrine is based on the principle that every human being of adult years and sound mind has the right to determine what shall be done to his or her own body. 2015“The informed consent doctrine is based on the principle that every human being of adult years and sound mind has the right to determine what shall be done to his or her own body,” and, therefore, physicians are “required to provide their patients with sufficient information to permit the patient himself to make an informed and intelligent decision on whether to submit to the proposed course of treatment.” Id., 13-0579 at p. 8, 130 So.3d at 930 (citing Hondroulis v. Schuhmacher, 553 So.2d 398, 411 ); see also id., 13-0579 at p. 13, 130 So.3d at 934 (to be covered by La.Rev. | 4 | 11 |
LaCaze v. Colliergreen2 sentences1996In LaCaze v. Collier, 434 So.2d 1039, 1043 (La.1983) (footnote omitted), the Louisiana Supreme Court commented on the varied nature of the doctrine of informed consent: The development of the doctrine of informed consent has not been a simple progression evident in the cases. 1996In Hondroulis v. Schuhmacher, 553 So.2d 398, 414-14, 417 (La.1988), on rehearing, the Louisiana Supreme Court limited its holding in LaCaze, supra, to ground the informed consent doctrine firmly on the right to self-determination protected by a *606 constitutional right to privacy. | 2 | 11 |
Brandt v. Englegreen2 sentences2012As to the informed consent claim, the evidence presented at trial centered on the second element required to establish an informed consent claim: “[a] failure to disclose a risk on the part of the physician.” Brandt v. Eagle, 00-3416, p. 7, n.1 (La.6/29/01), 791 So.2d 614, 618 (collecting cases). 15 The written consent form (the Methodist Consent Form) only disclosed the general risks of the procedure; |24the area on the form for listing the specific risks was left blank. 2012In Brandt v. Engle, 00-3416, p. 7, n. 1 (La.6/29/01), 791 So.2d 614, 618 , our supreme court stated, The jurisprudence has enunciated the following four-pronged test that a plaintiff asserting an informed consent claim must satisfy: 1. | 2 | 3 |
McGrew v. Waguespackgreen2 sentences2020App. 1 Cir. 12/30/14), 168 So.3d 690, 695 (observing that given the defendant’s summary judgment motion failed to address the plaintiff’s informed consent claim, “the trial court erred in granting summary judgment on all theories of liability”); Wilson v. Two SD, LLC, 15-477, p. 6 (La. 2020App. 1 Cir. 12/30/14), 168 So.3d 690, 695 (observing that given the defendant’s summary judgment motion failed to address the plaintiff’s informed consent claim, “the trial court erred in granting summary judgment on all theories of liability”); Wilson v. Two SD, LLC, 15-477, p. 6 (La. | 2 | 2 |
Wilson v. Two SD LLCgreen2 sentences2020App. 1 Cir. 12/23/15), 186 So.3d 159, 162 (observing that summary judgment motion “did not address the application of the work product exclusions” and that “the trial court erred in granting summary judgment on that basis”); Robertson v. Doug Ashy Building Materials, Inc., 10-1547, p. 22 (La. 2020App. 1 Cir. 12/23/15), 186 So.3d 159, 162 (observing that summary judgment motion “did not address the application of the work product exclusions” and that “the trial court erred in granting summary judgment on that basis”); Robertson v. Doug Ashy Building Materials, Inc., 10-1547, p. 22 (La. | 2 | 2 |
Snider v. Louisiana Medical Mutual Insurancegreen2 sentences2015“The informed consent doctrine is based on the principle that every human being of adult years and sound mind has the right to determine what shall be done to his or her own body,” and, therefore, physicians are “required to provide their patients with sufficient information to permit the patient himself to make an informed and intelligent decision on whether to submit to the proposed course of treatment.” Id., 13-0579 at p. 8, 130 So.3d at 930 (citing Hondroulis v. Schuhmacher, 553 So.2d 398, 411 ); see also id., 13-0579 at p. 13, 130 So.3d at 934 (to be covered by La.Rev. 2015“The informed consent doctrine is based on the principle that every human being of adult years and sound mind has the right to determine what shall be done to his or her own body,” and, therefore, physicians are “required to provide their patients with sufficient information to permit the patient himself to make an informed and intelligent decision on whether to submit to the proposed course of treatment.” Id., 13-0579 at p. 8, 130 So.3d at 930 (citing Hondroulis v. Schuhmacher, 553 So.2d 398, 411 ); see also id., 13-0579 at p. 13, 130 So.3d at 934 (to be covered by La.Rev. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Maybrier v. Louisiana Medical Mutual Insurance Company
neutral
2 sentences2014In Maybrier v. Louisiana Medical Mutual Insurance Co., 08-1508, p. 8, (La.App. 3 Cir. 6/10/09), 12 So.3d 1115, 1121 , writ denied, 09-1558 (La.10/9/09), 18 So.3d 1287 (emphasis added), we explained the doctrine of informed consent: The informed consent doctrine is based on the principle that every adult of sound mind has the right to determine what will be done to his or her own body. 2014In Maybrier v. Louisiana Medical Mutual Insurance Co., 08-1508, p. 8, (La.App. 3 Cir. 6/10/09), 12 So.3d 1115, 1121 , writ denied, 09-1558 (La.10/9/09), 18 So.3d 1287 (emphasis added), we explained the doctrine of informed consent: The informed consent doctrine is based on the principle that every adult of sound mind has the right to determine what will be done to his or her own body. | 3 | 2013–2014 |
Maybrier v. Louisiana Medical Mutual Insurance
green
2 sentences2014In Maybrier v. Louisiana Medical Mutual Insurance Co., 08-1508, p. 8, (La.App. 3 Cir. 6/10/09), 12 So.3d 1115, 1121 , writ denied, 09-1558 (La.10/9/09), 18 So.3d 1287 (emphasis added), we explained the doctrine of informed consent: The informed consent doctrine is based on the principle that every adult of sound mind has the right to determine what will be done to his or her own body. 2014In Maybrier v. Louisiana Medical Mutual Insurance Co., 08-1508, p. 8, (La.App. 3 Cir. 6/10/09), 12 So.3d 1115, 1121 , writ denied, 09-1558 (La.10/9/09), 18 So.3d 1287 (emphasis added), we explained the doctrine of informed consent: The informed consent doctrine is based on the principle that every adult of sound mind has the right to determine what will be done to his or her own body. | 3 | 2013–2014 |
Schloendorff v. Society of the New York Hospital
red
2 sentences1989LaCaze v. Collier, 434 So.2d 1039 (La.1983); Canterbury v. Spence, 464 F.2d 772 (D.C.Cir.1972); Schloendorff v. Society of New York Hospital, 211 N.Y. 125 , 105 N.E. 92 (1914). 1989LaCaze v. Collier, 434 So.2d 1039 (La.1983); Canterbury v. Spence, 464 F.2d 772 (D.C.Cir.1972); Schloendorff v. Society of New York Hospital, 211 N.Y. 125 , 105 N.E. 92 (1914). | 2 | 1989–1989 |
Ballaron v. Equitable Shipyards, Inc.
green
2 sentences1989This court granted a writ to consider whether the trial and appellate courts correctly interpreted La.R.S. 40:1299.40 and its impact upon the informed consent doctrine as expressly and impliedly adopted by the courts of this state. 522 So.2d 571 (La.1988). 1989This court granted a writ to consider whether the trial and appellate courts correctly interpreted La.R.S. 40:1299.40 and its impact upon the informed consent doctrine as expressly and impliedly adopted by the courts of this state. 522 So.2d 571 (La. 1988). | 2 | 1989–1989 |
Jerry W. Canterbury v. William Thornton Spence and the Washington Hospital Center, a Body Corporate
green
2 sentences1989LaCaze v. Collier, 434 So.2d 1039 (La.1983); Canterbury v. Spence, 464 F.2d 772 (D.C.Cir.1972); Schloendorff v. Society of New York Hospital, 211 N.Y. 125 , 105 N.E. 92 (1914). 1989LaCaze v. Collier, 434 So.2d 1039 (La.1983); Canterbury v. Spence, 464 F.2d 772 (D.C.Cir.1972); Schloendorff v. Society of New York Hospital, 211 N.Y. 125 , 105 N.E. 92 (1914). | 2 | 1989–1989 |
Descant v. ADM'RS OF TULANE EDUCATIONAL FUND
green
1 sentence2008Accordingly, "[a] non-case specific boiler plate form is not sufficient to qualify for the [statutory] presumption of consent," and "no presumption of consent [arises] where the consent form makes no mention of the risk at issue." Descant v. Administrators of Tulane Educational Fund, 95-2127 p. 24 (La.App. 4 Cir. 1/21/98), 706 So.2d 618, 632 . *37 The jurisprudence has enunciated the following four-pronged test that a plaintiff asserting an informed consent claim must satisfy: 1. | 1 | 2008–2008 |
Roberson v. Provident House
green
1 sentence1997On plaintiff's application for supervisory writs, the court of appeal ordered that all issues be submitted to the jury. [4] The jury unexplainedly allocated ten percent of the fault to plaintiff. [5] See Roberson v. Provident House, 576 So.2d 992 (La.1991) (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 developed after the nurse jerked | 1 | 1997–1997 |
Mart v. Hill
green
1 sentence1991Mart v. Hill, 505 So.2d 1120 (La.1987). | 1 | 1991–1991 |
Douget v. Touro Infirmary
neutral
1 sentence1990Hondroulis v. Schuhmacher, 546 So.2d 466 (La.1989); Douget v. Touro Infirmary, 537 So.2d 251 (La.App. 4th Cir.1988). | 1 | 1990–1990 |
Hondroulis v. Schumacher
green
1 sentence1990Hondroulis v. Schuhmacher, 546 So.2d 466 (La.1989); Douget v. Touro Infirmary, 537 So.2d 251 (La.App. 4th Cir.1988). | 1 | 1990–1990 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.