Supreme Court of Louisiana April 23, 1999, No. 99-C-0364 (Morgan v. Moulder)

JOHNSON, J.,

would grant the writ, assigns reasons.

The lower courts erred in affirming defendants’ exception of prescription and dismissing plaintiffs suit. The plaintiff underwent experimental back surgery on February 5, 1988 after being told by Dr. Moulder that it was the only way to relieve his pain and that it was a routine surgical procedure he frequently performed.