informed consent Archives - Medical Malpractice Lawyers

Federal Appellate Court Affirms Summary Judgment For Defendant In Lack Of Informed Consent Case

December 2, 2025

The plaintiffs, Rohini Meka and her husband, Suresh Chirumamilla, filed suit on September 18, 2020, in the United States District Court for the District of Massachusetts. They named as defendants Dr. Hani Haddad, Valley Women’s Health Group, LLC, and Jane/John Doe, asserting various Massachuse[...]

Louisiana Appellate Court Discusses National Standard Of Care Versus Locality Rule, Informed Consent, In Medical Malpractice Case

February 8, 2025

On April 29, 2015, Roxine Lachney filed a Louisiana medical malpractice claim against James L. Gates, M.D., alleging that he breached the standard of care in performing three surgeries on her: the hysterectomy, the right oophorectomy, and the left oophorectomy. The medical review panel issued its op[...]

Wisconsin Appellate Court Discusses Informed Consent For Surgery

June 19, 2024

Hubbard filed a Wisconsin medical negligence action against Dr. Neuman, alleging that Dr. Neuman breached her duty of care by failing to inform Hubbard of her presurgery recommendation to Dr. McGauley that he remove Hubbard’s ovaries during the February 2018 surgery. The complaint alleges that Dr.[...]

Maryland Appellate Court Discusses Related Specialties, Informed Consent, Internal Rule As Standard Of Care In Maryland Medical Malpractice Cases

May 15, 2024

In a published opinion of the Appellate Court of Maryland filed on March 1, 2024, the appellant was seen in the emergency room with complaints of her right foot being cool and pale, with symptoms increasing when leg elevated. The emergency medicine doctor found pedal pulses but ankle brachial index [...]

South Carolina Appellate Court Holds Informed Consent Doctrine Does Not Require Disclosure Of Physician’s Personal Life Factors

March 6, 2024

In a South Carolina medical malpractice case in which the plaintiff alleged that the defendant neurosurgeon negligently removed an excessive portion of the right L5/S1 facet joint and failed to install instrumentation and perform fusion to properly support the spine following the partial medial face[...]

Wisconsin Appellate Court Affirms Summary Judgment For Defendants In Informed Consent Case

November 25, 2023

Renae Wetterling (“Wetterling”) appealed from a summary judgment dismissing all of her claims against Sacred Heart Hospital of the Hospital Sisters of the Third Order of St. Francis and its insurer Preferred Professional Insurance Company. Wetterling argued that the circuit court erred b[...]

Michigan Appellate Court Remands Medical Malpractice Case For Jury To Determine Agency Issue

August 28, 2023

Appellate Court Remands Malpractice Case For Jury To Determine Agency Issue: The 56-year-old plaintiff underwent surgical removal of her parathyroid glands by Dr. Abdelkader Hawasli. According to Dr. Hawasli, he told plaintiff there was a possibility that he might also have to remove her thyroid gla[...]

Virginia Appellate Court Limits Informed Consent Claims In Misdiagnosis Medical Malpractice Cases

March 4, 2023

Court Limits Informed Consent Claims In Misdiagnosis Cases: In its Opinion dated December 29, 2022, the Court of Appeals of Virginia stated: “This case presents two matters of first impression in Virginia medical malpractice law. First, can a claim that a physician proceeded without informed c[...]

Washington Supreme Court Holds Informed Consent Claim Cannot Be Based Solely On Misdiagnosis

August 26, 2022

The Supreme Court of the State of Washington (“Washington Supreme Court”) held in its opinion filed on June 2, 2022, “This case addresses the difference between two claims that arose from the same accident and that were based on the same medical care: a medical malpractice claim and a failure [...]

Iowa Appellate Court Orders New Trial For Doctor Who Performed Vasectomy Instead Of Circumcision

January 12, 2022

In its opinion filed on November 23, 2021, the Court of Appeals of Iowa (“Iowa Appellate Court) held in an Iowa medical malpractice case where the non-English-speaking plaintiff alleged that the defendants performed a vasectomy on him instead of the intended circumcision, that several errors h[...]

Illinois Supreme Court Reinstates Medical Malpractice Defense Verdict

January 2, 2022

The Supreme Court of the State of Illinois (“Illinois Supreme Court”) held in its November 18, 2021 opinion in an Illinois medical malpractice wrongful death action arising out of the treatment a decedent received in the defendant hospital: “we conclude that the circuit court did n[...]

Kentucky Supreme Court Rules Proper Informed Consent Provided In Kidney Transplant Case

August 31, 2021

The Supreme Court of Kentucky held in its opinion rendered on August 26, 2021 in a kidney transplant malpractice case involving a clinical trial: “While the Kentucky General Assembly could have deferred to federal authorities such as the FDA in defining the informed consent duty in a clinical [...]

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