Bank v. Mickels

The Supreme Court affirmed the judgment of the district court in favor of Defendants in this medical malpractice and loss of consortium action, holding that Plaintiffs' assignments of error were without merit and that Neb. Rev. Stat. 44-2816 does not require that informed consent be written. Plaintiffs alleged that Defendant breached the standard of care because he failed to obtain informed consent before performing an injunction and manipulation procedure on Plaintiff's shoulder and failed to diagnose and treat a subsequent infection. A jury returned a general verdict in favor of Defendants. The Supreme Court affirmed, holding (1) Plaintiffs' assignments of error challenging various rulings regarding the admission of evidence, the jury instructions, and the overruling of Plaintiffs' various posttrial motions were without merit; and (2) the court's jury instruction to the effect that section 44-2816 does not require informed consent to be written was a correct statement of the law and warranted by the evidence. View "Bank v. Mickels" on Justia Law