Brandt v. Engle

In August of 1994, Shirley Brandt (plaintiff) asked Dr. Alan Engle (defendant) to perform surgery on her foot to relieve pain from corns. Engle subsequently performed arthroplasty surgery on Brandt’s foot. The arthroplasty procedure involved removing a portion of the bone from Brandt’s foot. After the surgery, Brandt developed a condition called floppy toe, which caused Brandt pain and prevented her from walking long distances and wearing high heels. Brandt sued Engle and Engle’s insurer, alleging that Brandt never consented to the removal of the bone and had consented only to having the bone shaved. The consent form signed by Brandt described the procedure as arthroplasty involving bone removal. However, Brandt testified at trial that Engle told Brandt that Engle would make a small incision in Brandt’s foot and shave two of her bones to remove the corns. Engle testified that although he could not remember his specific conversation with Brandt, he followed his usual routine with arthroplasty patients in advising Brandt about the surgery. Engle testified that he had performed 30 arthroplasty surgeries per year since 1982, and that it was his routine practice to show the patient a diagram of the foot, explain the procedure and the bone removal, and show the patient the amount of bone that would be removed from the foot. Engle also testified that he never told arthroplasty patients that he would only be shaving the bone. The jury returned a verdict in favor of Engle and the insurer, finding that Brandt had consented to the arthroplasty procedure. The appellate court reversed, holding that the trial court should not have let Engle testify about his routine practice of advising arthroplasty patients. Engle and the insurer appealed to the Louisiana Supreme Court.