This Court reviews summary judgments de novo under the same criteria as the district court. Gibson v. Roberts, 97-0454, p. 2 (La.App. 4 Cir. 10/15/97), 701 So.2d 501, 503. Summary judgment is favored and shall be construed to accomplish that end.
We review a district court's grant of summary judgment de novo, applying the same criteria that govern the district court's consideration of whether summary judgment is appropriate. Costello v. Hardy, 03-1146, p. 8 (La.1/21/04), 864 So.2d 129, 137; Gibson v. Roberts, 97-0454, p. 2 (La.App. 4 Cir. 10/15/97), 701 So.2d 501, 503. The only issue before this court is whether the trial court erred in granting the Pertuits' motion for summary judgment on their claim that Dr. Boudreaux failed to obtain the decedent's informed consent prior to proceeding with the exploratory surgery.
In determining whether or not an attorney has committed malpractice, the court must look at the conditions existing at the time of the alleged malpractice. Gibson v. Roberts, 97-0454, p. 3 (La.App. 4 Cir. 10/15/97), 701 So.2d 501, 503. An attorney is obligated to exercise at least that degree of care, skill, and diligence which a prudent practicing attorney in his locality exercises.
La.C.C.P. art. 966, as amended by Act 483 of 1997, legislatively overruled the jurisprudential presumption against summary judgment. In Gibson v. Roberts, 97-0454 (La.App. 4 Cir. 10/15/97); 701 So.2d 501, 503, this court noted:. . . the movant's burden does not require him to negate all essential elements of the adverse party's claim, but rather to point out to the court that there is an absence of factual support for one or more elements essential to the adverse party's claim, action or defense.
Appellate courts review summary judgments de novo under the same criteria used by the district court. Gibson v. Roberts, 97-0454 (La.App. 4 Cir. 10/15/97), 701 So.2d 501. Summary judgment is now favored. La.C.C.P. art. 966 C as amended by Act 483 of 1997 provides:
This court reviews summary judgments de novo under the same criteria as the district court. Gibson v. Roberts, 97-0454, p. 2 (La.App. 4 Cir. 10/15/97), 701 So.2d 501, 503. Summary judgment is favored and shall be construed to secure a just, speedy, and inexpensive determination of the action.
LSA-C.C.P. art. 966(B). In Gibson v. Roberts, 97-0454 (La.App. 4 Cir. 10/15/97); 701 So.2d 501, this court reviewed La.C.C.P. art. 966, as amended by Act 483 of 1997, which legislatively overruled the jurisprudential presumption against summary judgment. Noting that summary judgment is favored, this court stated:
Because Article 966 C(2) simply illuminates the burdens of production of the parties in a summary judgment context, the 1997 amendment may be applied retroactively. See Kaufmann v. Fleet Tire Service of La., Inc., 97-1428 (La. 9/5/97), 699 So.2d 75; Gibson v. Roberts, 97-0454 (La.App. 4 Cir. 10/15/97), 701 So.2d 501; see also Young v. Dupre Transport Co., 97-0591 (La. App. 4 Cir. 10/1/97), 700 So.2d 1156.