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Dardeau v. Ardoin

Louisiana Court of Appeal

703 So. 2d 695 (1997)

Facts

Jessica Dardeau (plaintiff) sued Dr. James Ardoin (defendant) for malpractice after Dardeau allegedly suffered nerve damage and paralysis during a surgical procedure performed by Ardoin. Ardoin alleged that he recommended the surgical procedure based on Dardeau’s complaints regarding serious bladder and gynecological issues. Ardoin further alleged that he discussed the surgery with Dardeau and obtained Dardeau’s informed consent to the procedure. Ardoin passed away, but Dardeau amended her complaint to assert claims against Ardoin’s medical-malpractice insurer, and the case proceeded to trial. At trial, the court admitted Ardoin’s office chart and progress notes concerning Ardoin’s treatment of Dardeau. Ardoin’s receptionist testified that the office chart was created in the regular course of Ardoin’s business and that Ardoin made the entries in the chart at the time of treatment based on his own personal knowledge of treating Dardeau. The receptionist further testified that Ardoin had never asked the receptionist to alter a chart and that she had never seen Ardoin alter or falsify a chart. The jury found in favor of Ardoin’s insurer, finding that Dardeau had consented to the surgery and that Ardoin had not committed malpractice. Dardeau appealed to the Louisiana Court of Appeal, asserting that Ardoin’s office chart was inadmissible hearsay.

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Holding and Reasoning (Decuir, J.)

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Dissent (Thibodeaux, J.)

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