Informed Consent Archives - Page 7 of 12 - Medical Malpractice Lawyers

Connecticut Appellate Court Rules Dismissed Medical Malpractice Lawsuit Containing Informed Consent Claim Wrongfully Revived

October 6, 2017

A Connecticut Appellate Court ruled in its decision filed on September 5, 2017 that the trial court erred when it improperly opened the judgment more than four months after it was rendered when no exception to the timeliness requirement existed. The Underlying Facts The plaintiff filed his complaint[...]

Arizona Appellate Court Rules Assumption Of Risk Jury Instruction Improper In Antibiotic Malpractice Claim

October 5, 2017

In its unreported opinion filed on September 19, 2017, the Arizona Court of Appeals Division One (“Arizona Appellate Court”), Arizona’s intermediate appellate court, held that it was error for the trial court to instruct the Arizona medical malpractice jury with regard to the plain[...]

Mississippi Supreme Court Reverses Summary Judgment For Defendant Physicians On Lack Of Consent Claim

October 2, 2017

In it opinion filed on September 14, 2017, the Supreme Court of Mississippi (“Mississippi Supreme Court”) reversed summary judgment that was granted to the defendant physicians in a Mississippi medical malpractice case where the lack of the plaintiff’s consent to a surgical procedu[...]

New Jersey Appellate Court Holds That Subsequent Treating Physician Cannot Testify As To Standard Of Care

September 2, 2017

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held in its decision filed on August 15, 2017 that medical malpractice defendants may not use the plaintiff’s treating doctors to provide expert testimony relating to deviation from the standard o[...]

Virginia Supreme Court Overturns Plaintiff’s “Wrong Breast” Surgery Medical Malpractice Win

August 15, 2017

In its opinion filed on July 27, 2017, the Supreme Court of Virginia (“Virginia Supreme Court”) reversed and remanded the Virginia medical malpractice jury’s verdict in favor of the plaintiff, who alleged that the defendant surgeon operated on both of her breasts after she withdrew[...]

Pennsylvania Appellate Court Holds Consent Forms Admissible In Medical Malpractice Case To Show Knowing Refusal For Treatment

August 6, 2017

The Superior Court of Pennsylvania (“Appellate Court”) affirmed in its July 18, 2017 decision that the trial court did not commit error in admitting into evidence during the Pennsylvania medical malpractice wrongful death trial the consent for treatment forms signed by a Jehovah’s Witn[...]

New Jersey Appellate Court Reverses Medical Malpractice Defense Verdict Where Informed Consent Evidence Erroneously Introduced

August 5, 2017

The Superior Court of New Jersey Appellate Division (“Appellate Court”) held in its opinion filed on July 25, 2017 that the trial court had erroneously allowed informed consent evidence to be introduced by the defense during a New Jersey medical malpractice jury trial that resulted in a [...]

Oklahoma Supreme Court Says Informed Consent Requires Disclosure Of Non-Doctor’s Participation In Surgery

July 21, 2017

The Supreme Court of the State of Oklahoma (“Oklahoma Supreme Court”) held its in opinion filed on June 20, 2017 that the doctrine of informed consent requires a physician to obtain the patient’s consent before using a non-doctor to perform significant portions of a surgery for whi[...]

Pennsylvania Supreme Court Says Physician’s Obligation To Obtain Informed Consent Is Non-Delegable

July 13, 2017

The Supreme Court of Pennsylvania Middle District (“Pennsylvania Supreme Court”) held in a case it decided on June 20, 2017 that a physician’s duty to provide information to a patient sufficient to obtain her informed consent is non-delegable: “we hold that a physician canno[...]

Wisconsin Appellate Court Strikes Down Medical Malpractice Noneconomic Damages Cap

July 7, 2017

In its decision filed on July 5, 2017, the Wisconsin Court of Appeals District I (“Appellate Court”) held that Wisconsin’s statutory $750,000 cap on noneconomic damages in medical malpractice cases (WIS. STAT. § 893.55 (2015-16)) is unconstitutional on its face because it impos[...]

Missouri Supreme Court Overturns Medical Malpractice Defense Verdict Due To Jury’s Improper Consideration Of Informed Consent

June 18, 2017

In a case that the Supreme Court of Missouri (“Missouri Supreme Court”) stated was a case of first impression in Missouri, the Missouri Supreme Court held, “This Court joins the chorus of other state supreme courts and holds that evidence of alleged informed consent is irrelevant a[...]

$8.5M Washington Medical Malpractice Verdict For Surgical Complication Leading To Penis Injury

June 4, 2017

On April 12, 2017, a Washington medical malpractice jury awarded a man and his wife a total of $8.5 million in compensatory damages ($6 million to the husband and $2.5 million to the wife for the harm to their marriage) as a result of complications from abdominal surgery that led to the man’s[...]

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Category: Informed Consent

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