Smith v. Shannon

How courts have described this case

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

• holding that “[f]ailure to raise an issue before the trial court generally precludes a party from raising it on appeal.. . . The reason for this rule is to afford the trial court an opportunity to correct any error, thereby avoiding unnecessary appeals and retrials.”
• affirming directed verdict on an 8.6 in 1 million to .05 percent chance of phlebitis and collecting cases
• stating that “‘[t]he jury, as lay people, are equipped to place themselves in the position of a patient and decide whether, under the circumstances, the patient should have been told’ ” of the risk (quoting Miller v. Kennedy, 522 P.2d 852, 864 (Wash. Ct. App. 1974
• only a physician (or other qualified expert) is capable of judging what risks exist and their likelihood of occurrence
• informed consent premised on principle that every human being of adult years and sound mind has a right to determine what shall be done with his own body
• expert testimony in informed consent cases is necessary to prove materiality of information not disclosed and the existence of a risk, its likelihood of occurrence, and the possible type of harm

Source: CourtListener parenthetical corpus (CC0).