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United States Sixth Circuit


ROGERS v. T.J. SAMSON CMTY. HOSP., 00-5758

Kentucky Revised Statute 340.40-320 imposes a duty on a hospital and its nurses to obtain full informed consent from patients before any surgery is performed on them, even if the surgery is performed by doctors not employed by the hospital.

Appellate Information

  • Argued 11/28/2001
  • Decided 01/10/2002
  • Published 01/10/2002

Judges

  • Before CLAY and GILMAN, Circuit Judges, EDGAR, District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellant:
  • Steven D. Downey (argued and briefed), Law Office of Steven D. Downey, Bowling Green, Kentucky, Douglas J. Kinz, West Patterson, NJ, for Plaintiff-Appellants.

  • For Appellees:
  • Donald W. Darby, Daniel G. Brown, Darby & Gazak, Louisville, KY, for Defendant-Appellees., Hiram J. Herbert, Jr. (argued), Betty R. Herbert (briefed), Herbert, Herbert & Pack, Glasgow, Kentucky, for Defendant-Appellee.
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