lack of 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[...]

Ohio Appellate Court Affirms Defense Verdict In Liposuction Medical Malpractice Case

November 15, 2023

In March 2019, James Calloway met with Dr. Brarens, a podiatrist, to discuss pain that he was having in his foot and ankle. In April 2019, James decided to have foot surgery, which was scheduled for May 30, 2019. On May 29, 2019, James met with Dr. Peter McKenna, a plastic surgeon at CIPS, to [&hell[...]

Michigan Appellate Court Rules Pain Management Specialist Not Qualified To Testify Against Anesthesiologist

December 16, 2021

In its unpublished opinion dated November 4, 2021, the State of Michigan Court of Appeals (“Michigan Appellate Court”) held that “the trial court erred by failing to strike plaintiff’s expert witness, Dr. Savala, as he was not qualified to give standard-of-care testimony against [...]

New York Appellate Court Affirms Gynecologist Not Entitled To Summary Judgment In Essure Malpractice Case

March 29, 2021

The Supreme Court of the State of New York, Appellate Division, Second Judicial Department (“New York Appellate Court”) held in its decision dated March 10, 2021, “the Supreme Court properly denied the defendants’ motion for summary judgment dismissing the complaint insofar a[...]

Indiana Appellate Court Affirms $2.3M Lack Of Informed Consent Jury Verdict For Failed Neuroma Procedure On Plaintiff’s Hand

November 19, 2019

In its opinion dated October 10, 2019, the Court of Appeals of Indiana (“Indiana Appellate Court”) affirmed an Indiana medical malpractice jury’s verdict in favor of the plaintiff who had undergone five surgeries on his left hand after he suffered a crush injury at work, including [...]

Maryland Medical Malpractice Jury Awards $2M For Unnecessary Spinal Surgery, Lack Of Informed Consent

May 27, 2019

On May 9, 2019, a Maryland medical malpractice jury awarded a 64-year-old nurse and her husband $2,045,213.51 in economic and noneconomic damages against her orthopedic surgeon whom the jury found to have breached the standard of care and also failed to obtain the proper informed consent before perf[...]

Ohio Appellate Court Applies Statute Of Repose To Dismiss Eight Medical Claims Against Former Spine Surgeon

January 10, 2018

The Ohio First District Court of Appeals (“Ohio Appellate Court”) held in its opinion filed on December 27, 2017 in eight consolidated cases on appeal that the Ohio statute of repose for medical claims was not unconstitutional and that the plaintiffs’ claims against a former spine [...]

California Appellate Court Affirms Medical Malpractice Plaintiff Failed To Adequately Plead Lack Of Informed Consent

December 29, 2017

The Court of Appeal of the State of California Second Appellate District Division Two (“California Appellate Court”) affirmed summary judgment granted by the trial court to the medical malpractice defendant, in an unpublished opinion filed on December 15, 2017, holding that the Californi[...]

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[...]

Oklahoma Supreme Court Rules Informed Consent Doctrine Applies To Nonsurgical/Noninvasive Medical Treatment

May 7, 2016

In the case it was deciding, the plaintiff had swallowed a small nail on June 1, 2009 and went to a hospital’s emergency room where the defendant ER physician examined her and ordered an X-ray that showed a foreign body in her stomach, just below her diaphragm. The plaintiff was discharged wi[...]

Kentucky Supreme Court Addresses Informed Consent In Medical Malpractice Cases

August 25, 2015

In its opinion filed on August 20, 2015, the Supreme Court of Kentucky (“Kentucky Supreme Court”) addressed whether the informed consent instruction given by the trial court in a Kentucky medical malpractice case correctly incorporated the applicable law so as to guide the jury accuratel[...]

Tennessee Supreme Court Overturns Medical Malpractice Informed Consent Defense Verdict

May 29, 2015

In its May 18, 2015 decision, the Supreme Court of Tennessee (“Tennessee Supreme Court”) overturned a defense verdict in a Tennessee medical malpractice case, holding that the trial court had erred by excluding the plaintiff’s expert testimony regarding undisclosed medical risks i[...]

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