Summary judgment affirmed in hysterectomy med-mal case

September 5, 2014

The Indiana Court of Appeals Friday affirmed summary judgment in favor of health care providers in a lawsuit brought by a woman claiming doctors did not obtain informed consent before performing a hysterectomy.

In Brenda K. Tipton v. Margaret Isaacs, M.D., St. Vincent Hospital and Healthcare Center a/k/a Ascension Health, Christina Francis, M.D., and James R. Minor, M.D., 49A05-1311-CT-541, Judge Melissa May wrote for the panel that the consent form Tipton signed is determinative of all arguments raised on appeal. She claimed she was unaware Dr. Francis would perform part of the surgery and that all defendants had a duty to obtain informed consent. She also alleged constructive fraud and deceit.

But the court found that on the day of the procedure, Tipton signed a consent form that authorized Dr. Isaacs “and such assistants as may be selected by him” to perform the procedure.

“Tipton consented to Dr. Francis’ participation in her surgery, and Tipton’s healthcare providers did not make a deceptive material misrepresentation of past or existing facts or remain silent when they had a duty to speak. We accordingly affirm the summary judgment
for the defendants,” May wrote for the panel.


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