Jury Question on Issue of Informed Consent Despite Signed Consent Form
The Tennessee Court of Appeals recently ruled that the issue of whether informed consent was obtained from the patient before removing one of his testicles during a procedure to repair a hernia was a question for the jury even though the patient had signed a broad consent form prior to the procedure. The consent form read in pertinent part:
I consent to the performance of operations and procedures in addition to or different from those contemplated, whether or not arising from presently unforeseen conditions, which the above named physician or his associates or assistants may consider necessary or advisable in the course of the operation.
The patient testified that he specifically asked the doctor prior to the surgery whether the surgery would “affect [him] in any way in [his] manhood or anything happen down there that [he] should need to know about.” According to the patient, the doctor responded that the surgery was minor and he did not have anything to worry about. For more, download the opinion.
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