Sargent v. Shaffer

Plaintiff filed suit against William Shaffer, M.D., an orthopedic surgeon, alleging that Dr. Shaffer failed to obtain her informed consent before operating on her. The jury returned verdicts in favor of Dr. Shaffer, and the trial court entered judgment accordingly. Plaintiff appealed, arguing that the judgment should be set aside because the trial court’s jury instructions misstated the law regarding informed consent. The Supreme Court reversed, holding that the instruction given in this case was erroneous because it failed to incorporate the law applicable to a medical provider’s duty to obtain informed consent. Remanded for further proceedings. View "Sargent v. Shaffer" on Justia Law