Supreme Court of Louisiana

Roger Burchfield and Carol Burchfield v. Forrest H. Wright, M.d., Thomas Renda, M.d., and Willis Knighton Medical Center

June 27, 2018275 So. 3d 855

Summary

The court held that the jury's findings that the surgeon's negligence did not cause the heart attack and transplant, but did deprive the patient of a chance of a better outcome, were not inconsistent. A lost-chance claim permits only a lump-sum general-damages award based on the value of the chance lost, rather than separate awards for medical expenses, lost wages, or other special damages. The court therefore reversed the court of appeal and reinstated the jury's award as reduced by the statutory malpractice cap.