All Things Must Pass

A medical, not legal, malpractice case has resulted in an opinion of the Oklahoma Supreme Court

Patient, who accidentally swallowed a nail, brought a medical malpractice action based, inter alia, upon a claim of lack of informed consent against the hospital’s emergency room physician after the physician advised patient to “eat fiber and let the nail pass.” The physician did not, however, disclose the alternative medical options which included endoscopic and surgical removal of the ingested nail. Following severe vomiting, the patient proceeded to a different emergency room. Emergency surgery was performed to remove the nail, and the patient was treated for a perforated and infected bowel. The trial court, Honorable Brent Russell, granted partial summary judgment in favor of the physician on the issue of informed consent, and the Court of Civil Appeals affirmed.

Holding

Today, this Court emphasizes the doctrine of informed consent applies equally to invasive as well as noninvasive medical treatments and treatment alternatives regardless of a physician’s scope of practice. To effectively discharge a physician’s duty to disclose, a physician must disclose the medically reasonable alternatives regardless of whether it is the physician’s preferred method of treatment. The ultimate decision of what treatment a patient receives rests with the patient, not the physician. The trial court erred in holding that Allen’s claim of informed consent was not actionable. Resultantly, this matter is remanded for further proceedings consistent with this opinion.

(Mike Frisch)