Man sues doctor who allegedly performed surgery without proper consent

NEW ORLEANS – A man who alleges his arm was permanently damaged after his doctor completed surgery without the proper consent is suing for medical malpractice.

Lyman Boudreaux filed suit against Dr. Douglas N. Lurie Jr., Orthopedic Associates of New Orleans, Touro Infirmary and Touro Ambulatory Surgery Center in the Orleans Parish District Court on April 8.

The suit claims that on Oct. 4, 2012, Boudreaux underwent a surgical repair for his right shoulder rotator cuff. He was suffering from pain in his right shoulder and his doctor recommended a cuff surgery to remedy the pain. The plaintiff alleges the doctor never went into detail about the surgery but said he would attempt to regain the cuff which was severely torn. Bordeaux claims he gave consent to have the rotator cuff surgery, but no other surgery.

After beginning physical therapy Boudreaux contends he noted a deep weakness in his right arm that was very significantly different from the pain he had before the surgery. The doctor noted Boudreaux's pain was coming from his release of the right biceps tendon,

The suit says that during the rotator-cuff repair the doctor also performed biceps surgery on Boudreaux’s right bicep.

Bordeaux claims he had no knowledge that the defendant intended to sever, release or detach his right biceps tendon during surgery. The plaintiff further alleges that he did not give consent for surgery on his bicep and had he been informed of the consequences of such surgery he would have sought out other  options.

Boudreaux maintains he is distressed by the loss of strength of his arm as he was very physically active, has two young children, is self-employed and performs manual labor. He now claims to suffer from permanent weakness, constant pain and lack of strength.

The defendant is accused of failure to acquire content from Bordeaux, or his wife, who was present and conscious before, during, and after the surgery, intending and proceeding with the surgical procedure with knowledge that Boudreaux did not consent to the detachment or release of his right biceps tendon and failing to explain to the plaintiff the medical pros and cons of the surgery.

An unspecified amount in damages is sought for loss of physical capacity, pain and suffering, mental anguish, emotional distress, embarrassment, humiliation, loss of enjoyment of life, medical expenses, loss of earning capacity, loss of the chance of a better medical outcome and any and all other damages as are reasonable in the premises.

Lyman Boudreaux is represented by Brent J. Rhodes of the Law Offices of Brent J. Rhodes.

The case has been assigned to Division M Judge Paulette R. Irons.


Case no. 2015-3260.