Legal Opinion

Martin v. Berthier

Louisiana Court of Appeal

Decided May 19, 2010No. 2009-CA-1360PublishedCited by 2 opinions

1Opinion of the Court

PATRICIA RIVET MURRAY, Judge.

This is a medical malpractice action. The sole issue raised on appeal by the plaintiff, Kimberly Martin,1 is whether the jury erred in finding that the defendant, Dr. Robert Berthier,2 did not commit medical malpractice by failing to obtain her informed consent to perform a tubal ligation. For the reasons that follow, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On May 23, 1994, Mrs. Martin, who was twenty-seven years old and ten weeks pregnant for her fourth child, commenced treatment at Lakeland Medical Center Midwife Clinic (the “Clinic”), which was *777affiliated…

2Cases cited13 opinions

  1. Rosell v. EscoSupreme Court of Louisiana · 1989
  2. Stobart v. State Through DOTDSupreme Court of Louisiana · 1993
  3. Arceneaux v. DomingueSupreme Court of Louisiana · 1978
  4. Martin v. East Jefferson General Hosp.Supreme Court of Louisiana · 1991
  5. Hondroulis v. SchuhmacherSupreme Court of Louisiana · 1989

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3Cited by2 opinions

  1. Joseph v. WilliamsLouisiana Court of Appeal · 2012
  2. Fanguy v. Lexington Insurance Co.Louisiana Court of Appeal · 2016

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