White v. BeeksAnnotate this Case
Doctor performed a spinal fusion on Patient. When Patient’s back pain worsened, Patient sued Doctor, alleging that Doctor failed to give him adequate information to enable him to give an informed consent to the surgery. In a pretrial deposition, Patient’s expert testified that to obtain informed consent, Doctor was required to inform Patient about all the potential risks that might arise from the surgery. The trial court granted Doctor’s motion to limit Patient’s expert witness testimony only to those risks that allegedly materialized and injured Patient. After a trial, the jury returned a verdict in Doctor’s favor. The Court of Appeals affirmed the trial court’s exclusion of the expert medical testimony. The Supreme Court reversed, holding that the trial court erred by excluding expert testimony regarding undisclosed medical risks that had not materialized, and this error, more likely than not, affected the jury’s verdict. Remanded for a new trial on the issue of informed consent.