Wilson v. PatelAnnotate this Case
If evidence of alleged informed consent is introduced at trial, it should be subject to a withdrawal instruction because the evidence is irrelevant and can only mislead the jury in a medical malpractice case based on negligent performance of care and treatment.
In this medical malpractice action, the Supreme Court reversed the judgment of the trial court in favor of a gastroenterologist and his practice group (collectively, Defendants). Plaintiff claimed that an esophageal dilation that the gastroenterologist performed on her was medically unnecessary and below the standard of care. During trial, Plaintiff was cross-examined about an informed consent to the esophageal dilation that she signed prior to an endoscopy. Plaintiff subsequently requested a withdrawal instruction to remove the informed consent from the jury’s consideration. The trial court denied the request. The Supreme Court held that the trial court abused its discretion by refusing the withdrawal instruction because informed consent was irrelevant to the case as pleaded and could only confuse the jury in its determination of the facts.