$750,000 Verdict - Failure To Obtain Informed Consent For Foot Surgery (NY)
A damages-only case in New York involved the plaintiff's right to decide whether or not to receive additional medical treatment/surgical procedures to the feet, which established the podiatrists' duty to inform the patient (informed consent).
The plaintiff maintained that the two defendant podiatrists misrepresented her rights as to the nature of the surgery that they proposed to perform. She alleged that the surgeons did not obtain informed consent and that they negligently performed the surgeries, leaving her with a fused joint in her large and small toes, ataxic gait and ongoing pain and in her smaller toes, preventing her from walking properly, enjoy jogging, and race walking, as she once did, and to live a pain-free life.
The trial lasted three days and the trial judge entered a verdict in favor of the plaintiff. He awarded her $ 250, 000 for past pain and suffering and $ 500,000 for future pain and suffering, for a total award of $ 750,000.
Source: Jury Verdict Review Publications, Volume 16, Issue 11 [PM NEWS]
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