Monday, November 5, 2018
FL: Patient Goes in for Back Surgery; Kidney Removed
Having just covered the "wrong ear" case for informed consent, this ripped-from-the-headlines case would do nicely to illustrate the distinction between medical negligence and informed consent. Both are potentially here in this fact pattern. The patient went into surgery to fuse together a couple of vertebrae. The surgeon allegedly noticed a mass in the patient's pelvis. Believing it to be cancerous, the surgeon cut it out. It was the patient's kidney. The Washington Post has the story.
https://lawprofessors.typepad.com/tortsprof/2018/11/fl-patient-goes-in-for-back-surgery-kidney-removed.html