United States Tenth Circuit

In an action for lack of informed consent and medical malpractice, judgment for defendant is affirmed in part where there was no evidence, specifically expert testimony, that another physician was negligent and therefore no basis to hold defendant liable for his negligence. However, the judgment is reversed in part where defendant's alleged misrepresentations to plaintiff in response to her direct questions allegedly induced her to consent to the surgery and its risks, and under those circumstances, if proved, her consent could hardly be considered "informed".

Appellate Information

• Decided 03/03/2010
• Published 03/03/2010

Judges

• O'BRIEN, Circuit Judge., Before O'BRIEN, McKAY, and SEYMOUR, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Donald J. Sullivan, Sullivan Law Offices, P.C., Cheyenne, WY, for Plaintiff/Appellant.


• For Appellees:
  
• James Kaste of Lathrop & Rutledge, P.C. (Corinne E. Rutledge with him on the briefs), Cheyenne, WY, for Defendant/Appellee.