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Walls v. Shreck, 265 Neb. 683, 658 N.W.2d 686

Facts

Jason Scott Walls had a history of strabismus and sought treatment from Dr. James Shreck for surgery on his left eye. During their discussions, Walls explicitly stated he did not want surgery on his right eye. Despite this, Shreck operated on both eyes during the procedure due to complications with the left eye. Walls was surprised to find both eyes bandaged after surgery and later expressed that he would not have consented to the operation had he known it could involve his right eye.

Jason Scott Walls had a history of strabismus and sought treatment from Dr. James Shreck for surgery on his left eye. During their discussions, Walls explicitly stated he did not want surgery on his right eye.

Issue

Did Dr. Shreck obtain informed consent from Walls to perform surgery on his right eye?

Did Dr. Shreck obtain informed consent from Walls to perform surgery on his right eye?

Rule

A physician's duty to obtain informed consent is measured by the standard of a reasonable medical practitioner under similar circumstances and must be determined by expert medical testimony establishing the prevailing standard and the defendant-practitioner's departure therefrom.

A physician's duty to obtain informed consent is measured by the standard of a reasonable medical practitioner under similar circumstances and must be determined by expert medical testimony establishing the prevailing standard and the defendant-practitioner's departure therefrom.

Analysis

The court found that Walls presented sufficient evidence to establish the standard of care required for informed consent in North Platte and that Shreck did not obtain Walls' express or implied consent to operate on his right eye. The court noted that expert testimony was not necessary to determine that operating on a part of the body the patient specifically instructed the surgeon not to operate on constituted a failure to obtain informed consent.

The court found that Walls presented sufficient evidence to establish the standard of care required for informed consent in North Platte and that Shreck did not obtain Walls' express or implied consent to operate on his right eye.

Conclusion

The Supreme Court reversed the trial court's directed verdict in favor of Dr. Shreck and remanded the case for further proceedings.

The Supreme Court reversed the trial court's directed verdict in favor of Dr. Shreck and remanded the case for further proceedings.

Who won?

Jason Scott Walls prevailed in the appeal because the court found that the evidence supported his claim that informed consent was not obtained for the surgery on his right eye.

Jason Scott Walls prevailed in the appeal because the court found that the evidence supported his claim that informed consent was not obtained for the surgery on his right eye.

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