what is informed consent Archives - Medical Malpractice Lawyers

Kansas Appellate Court Discusses Requirements For Medical Malpractice And Informed Consent Claims In Kansas

October 1, 2020

The Court of Appeals of the State of Kansas (“Kansas Appellate Court”), in its opinion dated September 25, 2020, discussed the requirements for medical malpractice claims and informed consent claims in Kansas. Kansas Medical Malpractice Claims To establish medical malpractice in Kansas, [...]

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[...]

Hawaii Supreme Court Discusses Expert Medical Evidence In Informed Consent Cases

May 19, 2016

In its opinion filed on May 3, 2016, the Supreme Court of the State of Hawai’i (“Hawaii Supreme Court”) discussed the nature and source of expert medical evidence required to establish a prima facie case of negligent failure to obtain informed consent. Negligent Failure To Obtain [...]

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[...]

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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