OH Supreme Ct: Expert Witness Needed In Informed Consent Cases


In*a medical malpractice suit filed by Robert and Mary White against Dr. Warren Leimbach II, the Supreme Court of Ohio has ruled that a claim of a lack of informed consent is a medical claim, not an issue of battery, and requires expert medical testimony to establish the material risks or dangers inherent in a procedure, and that an undisclosed risk or danger became a reality and caused injury.*
Robert White had back surgery. After surgery his back was worse than before and he was in more pain, a possibility he said his physician never mentioned. *White also said he’d never been given or signed a consent form of any kind. The surgeon did not dispute the lack of a consent form, and couldn’t specifically recall notifying the patient of the surgery’s risks, but claimed he’d done so because that’s what he always did.*
For reasons which defy explanation, White’s … (Continued...)



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