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JURY VERDICT REVERSED ON APPEAL

Kudos to the appellate team of Bill Aaron (who handled oral argument), DeWayne Williams (brief writer), Sherif Sakla, Stephanie Reuther and Robert Faucheaux who repesented the Plaintiffs/Appellants before the Louisiana Fifth Circuit Court of Appeal in the medical malpractice action entitled Dayna Montz et al versus Katherine Williams, MD.   In its ruling issued on December 23, 2015 the three Judge panel reversed the trial court's judgment in favor of the defendant physician, vacated the jury's verdict in favor of the defendant physician and remanded the case back to the 40th Judicial District Court for a new trial.  

At trial the jury incorrectly concluded that the Plaintiffs had failed to prove the applicable standard of care.  In ruling for the Plaintiffs/Appellants the Fifth Circuit panel aptly observed:

"After review of the entire record and the applicable law, we find that sufficient evidence, particulary through the expert testimony of both sides and the medical panel opinion, was presented to the jury to establish that the standard of care owed by Dr. Williams to Mrs. Montz was informed consent.   A reasonable factual basis does not exist to support the jury's finding that appellants did not prove the applicable standard of care of informed consent by a preponderance of the evidence; therefore, the jury's finding was clearly wrong."…….

"In following Mladenoff, we vacate the jury verdict and remand the matter to the trial court for a new trial because this is a case in which a view of the witnesses is essential to a fair resolution of the evidence and the issues."

 

 

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