(1) Physician diagnosed patient with an aneurysm and he suggested surgery to clip the aneurysm. Physician did surgery and as a result, patient is quadriplegic.
(2) Plaintiff claims physician overstated the urgency for her surgery and said he said he had a lot of experience, and also understated the risks of brain surgery.
(3) Physician had not performed this exact operation before. He had only done them anteriorally, but not posteriorally.
(4) Plaintiff also claimed that a reasonable physician would have referred her to a more experienced clinic–the Mayo Clinic was merely 90 miles away.
(5) Defendant denied all of plaintiff’s claims and claims that literature of the risks, etc is enough.
(6) HELD: informed consent includes knowing all risks involved. A physician has a duty to supply such information so that a patient can make an informed consent.
(a) STANDARD: physician must give any information material to what a patient would need to know to make an informed decision.
(b) Not only should you tell what the literature says, but you also need to detail your experience in the field, so that patient can decide if he wants that physician to perform the surgery.
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