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FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 18 FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 11th day of March, 2005 , are as follows: BY WEIMER, J .:

2004-C- 2004

BRENDA R. THIBODEAUX AND LUCIEN G. THIBODEAUX v. DEBBIE M. JURGELSKY, M.D. (Parish of St. Landry) Accordingly, we reverse the judgment of the appellate court and reinstate the judgment of the district court. REVERSED AND RENDERED. KIMBALL, J., concurs and assigns reasons. JOHNSON, J., dissents.

03/11/05

SUPREME COURT OF LOUISIANA

NO. 2004-C-2004 BRENDA R. THIBODEAUX AND LUCIEN G. THIBODEAUX VERSUS DEBBIE M. JURGELSKY, M.D.
On Writ of Certiorari to the Court of Appeal, Third Circuit, Parish of St. Landry

WEIMER, Justice In this action a patient and her husband sued a physician for damages allegedly caused by the physician's failure to obtain sufficient consent to surgery that ultimately resulted in the performance of a hysterectomy which, in turn, had an unfortunate result. The defense prevailed in the trial court; the court of appeal reversed and rendered judgment for the plaintiffs, awarding damages.1 For the reasons that follow, we find the court of appeal erred. We reverse and reinstate the judgment of the trial court in favor of the defendant physician.2 FACTS AND PROCEDURAL HISTORY Pregnant for her second child, Brenda R. Thibodeaux first consulted Dr. Debbie M. Jurgelsky, an obstetrician/gynecologist (OB/GYN) who practices in Opelousas, Louisiana. Dr. Jurgelsky delivered the baby by cesarean section on
1

Thibodeaux v. Jurgelsky, 03-1298 (La.App. 3 Cir. 7/14/04), 879 So.2d 909.

2

The defendant's writ application to this court was granted. Thibodeaux v. Jurgelsky, 04-2004 (La. 11/15/04), 887 So.2d 462. The plaintiffs' writ application, 04-C-2126, was held in abeyance.

August 4, 1991. Five years later, Mrs. Thibodeaux became pregnant for her third child and consulted Dr. Jurgelsky again. This child was also delivered by cesarean section on June 14, 1996. Mrs. Thibodeaux continued to see Dr. Jurgelsky, and, relevant to this case, consulted her on April 7, 1999, when it was determined she was again pregnant. On May 11, 1999, Mrs. Thibodeaux returned to the doctor's office for an ultrasound. This test showed the fetus was no longer alive. Dr. Jurgelsky consulted with her patient and plans were made for Mrs. Thibodeaux to be admitted to Opelousas General Hospital where Dr. Jurgelsky would perform a dilation and curettage (D&C) of the uterus to remove the products of conception. Mrs. Thibodeaux signed a written consent form on May 11, 1999. On May 14, 1999, as planned, Mrs. Thibodeaux was admitted to Opelousas General Hospital and Dr. Jurgelsky began the D&C. When Dr. Jurgelsky attempted to remove the products of conception, utilizing scraping, gentle suction, and forceps, she encountered difficulties, which resulted in a uterine perforation. The doctor left the operating room and consulted the patient's husband, Lucien G. Thibodeaux. Mr. Thibodeaux told Dr. Jurgelsky to do whatever she thought best for his wife, and he signed a consent form authorizing her to perform a total abdominal hysterectomy.3 Shortly after being discharged from Opelousas General Hospital, Mrs. Thibodeaux began having complications, including incontinence and fever, which were treated conservatively by Dr. Jurgelsky. During an office visit and examination Dr. Jurgelsky discovered the incontinence was extraordinary, and she referred the patient to Dr. Frederick Rodosta, a urologist.

3

"Hysterectomy" is defined as "[s]urgical removal of part or all of the uterus." THE AMERICAN HERITAGE

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