Brady, M. v. Urbas D.P.M., W., Aplt.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• observing that a patient proceeding with a procedure knowing the risks does not make it more or less probable that the doctor was negligent in performing the procedure
• observing that a patient proceeding with a procedure knowing the risks does not make it more or less probable that the doctor was negligent in performing the procedure
• stating that “[t]he patient’s actual, affirmative consent … is irrelevant to the question of negligence[,]” and the patient’s “assent to treatment does not amount to consent to negligence ….”
• noting that, “[e]xcept in the most obvious cases of negligence (such as where a gauze pad is left inside a patient’s body), expert testimony is necessary to establish the standard of care”
• noting that, “[e]xcept in the most obvious cases of negligence (such as where a gauze pad is left inside a patient’s body), expert testimony is necessary to establish the standard of care”
• noting that evidence of risks and complications could confuse the jury and cause it to “lose sight of the central question pertaining to whether defendant’s actions conformed to the governing standard of care.”

Source: CourtListener parenthetical corpus (CC0).