Larche v. Rodriguez’s Empirical Analysis

Citation profile

3 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Dr. Buckley, not Dr. Rodriguez, obtained Larche's signature on the consent. The medical professional actually performing the procedure has a duty under LSA-R.S. 40:1299.40 to obtain informed consent from the patient. Davis v. St. Charles General Hospital, (La. App. 4 Cir. 4/30/92); 598 So.2d 1244, 1245 . Dr. Buckley actually participated in Larche's surgery. Moreover, he was acting at the direction of Dr. Rodriguez. For these reasons, we see no reason to deny Dr. Rodriguez the benefits of the presumption. Larche signed a written consent form, identifying the procedure.... Not only does the plain language of the identified procedure include the procedure actually performed, but every orthopedic surgeon whose testimony was included in the writ application and presented to the trial court stated that the procedure identified on the signed consent form includes a triple arthrodesis, the procedure actually performed.”

   1 later decision quote this exact passage
   e.g. 825 So. 2d 563 - Baker v. Williams

2. “Essentially, Larche alleges that Rodriguez performed a procedure to which Larche had not consented. . . . . LSA-R.S. 40:1299.40 establishes a presumption of valid consent when a written consent is signed. Cox v. Board of Administrators of Tulane Educational Fund, 97-2350 (La.App. 4 Cir. 7/1/98) ; 716 So.2d 441, 445 . The presumption may be rebutted if the plaintiff establishes (1) the existence of a material risk which the physician must disclose; (2) the physician failed to inform the patient of a material risk, (3) the material risk was realized, and (4) there is a causal connection between the failure to inform the patient of the risk and the realization of the risk. Id. . . . . Larche signed a written consent to the procedure, and that consent is presumed to be valid. He offered no evidence to rebut that presumption.”

   1 later decision quote this exact passage
   e.g. 825 So. 2d 563 - Baker v. Williams

3. “no reason to deny Dr. Rodriguez the benefits of the presumption.”

   1 later decision quote this exact passage
   e.g. 42 So. 3d 985 - Price v. ERBE USA, INC.