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Keywords

plaintiffdefendantnegligencetrialverdicttestimonymalpracticejury instructions

plaintiffdefendanttrialverdict

Related Cases

Cobbs v. Grant, 8 Cal.3d 229, 502 P.2d 1, 104 Cal.Rptr. 505

Facts

The plaintiff was admitted to the hospital for treatment of a duodenal ulcer and underwent surgery performed by the defendant surgeon, Dr. Grant. Although Dr. Grant explained the nature of the operation, he failed to discuss the inherent risks involved. Following the surgery, the plaintiff experienced complications, including internal bleeding and the development of a gastric ulcer, leading to further surgeries. The plaintiff subsequently filed a malpractice suit against Dr. Grant, claiming negligence in the performance of the surgery and failure to obtain informed consent.

Plaintiff was admitted to the hospital in August 1964 for treatment of a duodenal ulcer. He was given a series of tests to ascertain the severity of his condition and, through administered medication to ease his discomfort, he continued to complain of lower abdominal pain and nausea.

Issue

The main legal issues were whether there was sufficient evidence of negligence in the performance of the surgery to sustain a jury verdict and whether the jury instructions adequately set forth the nature of a medical doctor's duty to obtain informed consent from the patient.

We conclude there was insufficient evidence to support the jury's verdict under the theory that defendant was negligent during the operation.

Rule

The court applied the principle that a medical doctor has a duty to disclose risks inherent in a procedure to obtain informed consent, and that expert testimony is generally required to establish negligence unless the facts are within common knowledge.

Since there was a general verdict and we are unable to ascertain upon which of the two concepts the jury relied, we must reverse the judgment and remand for a new trial.

Analysis

The court found that the jury could not determine whether the verdict was based on the surgeon's decision to operate, the performance of the surgery, or the failure to obtain informed consent. Given the uncontradicted expert testimony that the surgery was performed with due care, the court concluded that there was insufficient evidence to support a finding of negligence. Additionally, the jury instructions regarding informed consent were deemed inadequate, leading to potential confusion about the surgeon's obligations.

The record before us requires this case to be governed by the general rule. An X-ray examination of plaintiffs' stomach disclosed ‘There is extreme irritability of the duodenal bulb within which on two films is a faint collection of barium (swallowed by plaintiff for the purposes of this test) consistent with a very tiny active duodenal ulcer.’

Conclusion

The court reversed the judgment against Dr. Grant and remanded the case for a new trial, emphasizing the need for clearer jury instructions regarding informed consent and the standard of care expected from medical professionals.

We therefore reverse the judgment.

Who won?

The prevailing party was Dr. Grant, as the Supreme Court found insufficient evidence to support the jury's verdict against him.

The jury could have found for plaintiff either by determining that defendant negligently performed the operation, or on the theory that defendant's failure to disclose the inherent risks of the initial surgery vitiated plaintiff's consent to operate.

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Chumbler v. McClure, 505 F.2d 489

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Franklin v. Gupta, 81 Md.App. 345, 567 A.2d 524

Miller v. Jacoby, 145 Wash.2d 65, 33 P.3d 68

University of Miami v. Echarte, 618 So.2d 189, 61 USLW 2779, 18 Fla. L. Weekly S284, 26 A.L.R.5th 831