CHARLES v. ANDREW
A medical malpractice action against medical doctor where plaintiff, who was a paraplegic before the procedure, suffered a torn rotator cuff and a fractured shoulder during a manipulation under an anesthesia procedure performed by a chiropractor, assisted by the medical doctor. Whether doctor had a duty to obtain plaintiff's informed consent, even though the procedure was going to be performed by the chiropractor, was a question of fact for the jury to determine. Trial court erred in concluding that, as a matter of law, there was insufficient evidence of causation for a jury to find in favor of plaintiff. A jury reasonably could determine that an adult paraplegic who was suffering problems with stiffness and flexibility, but was functional in his then current condition, who was seeing some improvement in his condition through physical therapy, who had suffered devastating damage from surgery in the past, and who was so concerned about the potential risks associated with the recommended procedure that he took his mother with him to question the medical doctor on the topic, would turn down the opportunity for the procedure if informed that it could result in a loss of his remaining mobility due to a torn rotator cuff or a fractured bone.
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