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Informed Consent and Res Ipsa Loquitur
Two concepts that are mainstays of the medical malpractice arena are: 1) lack of informed consent; and 2) res ipsa loquitur. Some plaintiffs may attempt to pursue these two theories in the same case. Is either of them ripe for dismissal?
Failure to Obtain Informed Consent
Ordinarily, to prove a case for medical negligence, a patient must establish that the physician owed a duty to the patient; that the physician breached that duty; and that the breach caused the patient to suffer damages. See, e.g., Sutherland v. Monongahela Valley Hospital, 2004 Pa.Super. 245, 856 A.2d 55 (2004); Gold v. Greenwich Hosp. Ass'n, 262 Conn. 248, 254-255, 811 A.2d 1266 (Conn. 2002). One of the duties a doctor owes to his patient is to inform him of the risks of undergoing the treatment proposed. If an injury is a known possible outcome of the type of procedure the plaintiff is having, and that injury occurs even though the procedure itself was not negligently performed, the patient may be able to recover damages based on failure to obtain informed consent.
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