Colorado’s Law of Informed Consent: Sample Case
نویسنده
چکیده
Patient who had been prescribed sulfa antibiotic drug to treat prostatitis, and who suffered seizure after taking drug, brought medical malpractice action against physician in which he asserted negligence and informed consent claims. The District Court, directed verdict for physician on informed consent claim, and entered judgment on jury verdict for physician on negligence claim. Patient appealed, and the Court of Appeals reversed. Certiorari was granted, and the Supreme Court, Scott, J., held that: (1) patient failed to establish through expert testimony that physician had breached applicable standard by failing to warn of risk of seizure, and (2) physician did not have continuing duty to warn of risks. Court of Appeals reversed, and remanded for reinstatement of jury verdict.
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