Benchmarks: Chiropractor must pay $740K for patient’s stroke 
By:
Pat Murphy
Published: December 10, 2012
Tags: chiropractor, informed consent, medical malpractice
The Texas Supreme Court has reinstated a $740,000 judgment against a chiropractor whose patient suffered a stroke due to an “undetectable” physical condition.
Justices to decide if Navy doctor can be sued for battery
Published: September 25, 2012
Tags: Federal Tort Claims Act, Gonzalez Act, informed consent, medical malpractice, sovereign immunity, Supreme Court, U.S. Supreme Court
The U.S. Supreme Court will decide whether the federal Gonzalez Act waives governmental immunity for battery claims against a Navy doctor who allegedly performed cataract surgery without the patient’s informed consent.
Doctor had broad duty to recommend further testing
Published: May 15, 2012
Tags: informed consent, medical malpractice, negligence
A doctor who made a non-negligent misdiagnosis regarding an emergency room patient with stroke-like symptoms could be liable for failing to inform the patient about the availability of a non-invasive diagnostic test that would have definitively identified his condition, the Wisconsin Supreme Court has ruled in affirming judgment.
Informed consent suit fails without expert testimony
Published: December 20, 2011
Tags: expert witness, informed consent, medical malpractice
An informed consent plaintiff was required to produce expert testimony showing it to be more likely than not that the undisclosed greater risk of nerve damage from back surgery proximately caused his chronic pain, the Ohio Supreme Court has ruled in reinstating a directed verdict.
Navy surgeon’s patient can’t sue U.S. for battery
Published: November 30, 2011
Tags: Federal Tort Claims Act, Gonzalez Act, informed consent, medical malpractice, sovereign immunity
An eye patient could not sue the federal government for battery after suffering complications from cataract surgery performed by a Navy surgeon, the 9th Circuit has ruled in affirming a dismissal.
Juror’s knowledge of medical records didn’t require new trial
Published: April 28, 2011
Tags: gastric bypass, informed consent, juror misconduct
A juror’s vocational knowledge of medical records and informed consent as a physician’s office manager did not constitute extraneous prejudicial information necessitating a new trial, the Arkansas Court of Appeals has ruled.
Informed consent plaintiff must show proximate cause
Published: April 18, 2011
Tags: informed consent, medical malpractice, proximate cause
A medical malpractice plaintiff could not succeed on a claim based on lack of informed consent because she failed to establish causation under a “reasonable person” standard, the Delaware Supreme Court has ruled in affirming judgment.
Doctor may be liable under informed consent theory
By:
Pat Murphy
Published: August 8, 2009
Tags: informed consent
A doctor could be liable under a theory of failure to obtain informed consent – even though the claim involved his alleged failure to fully explain treatment options rather than a violation of the “physical integrity” of his patient, Maryland’s highest court has ruled.
