Flanagan Partners breaks new ground in informed consent arena.
A doctor performed the wrong surgery on his patient, subjecting her to far greater scarring risks than she had agreed to accept. Trial counsel, Harry Forst and Tonia Aiken, won a sizable judgment in her favor against the defendant-doctor. Flanagan Partners was retained to defend the judgment on appeal. There, the defendant argued that the patient’s written consent to accept the scarring risks inherent in the agreed-to surgery meant she accepted all scarring risks that might materialize—even if he performed the wrong surgery. Invoking the informed consent statute itself, and utilizing the substantial record at trial, Flanagan Partners prevailed on appeal. In a lengthy and scholarly opinion, the appellate court unanimously affirmed the judgment in the patient’s favor. Fountain v. Ochsner Clinic Foundation Westbank Campus, 2015-1048 (La. App. 4th Cir. 5/11/16), 2016 WL 2736180.