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Lauro v. Knowles12/14/2001
This is the plaintiff's third appearance before this Court on issues stemming from litigation in connection with alleged medical malpractice by the defendant, Dr. Kenneth Knowles, M.D. (defendant or Knowles), an orthopedic surgeon. On October 30, 2001, this Court issued an order directing the parties to appear and show cause why the issues raised in this appeal should not be decided summarily. After hearing the arguments of counsel and considering the memoranda of the parties, we conclude that cause has not been shown. Accordingly, we shall decide the appeal at this time.
On May 24, 1988, Knowles performed a procedure on Lou Ann Lauro (plaintiff or Lauro) known as a release transverse carpal ligament operation to alleviate carpal tunnel syndrome in her right wrist. In preparation for the surgery, plaintiff was administered anesthesia by an anesthesiologist who is not a party to this suit. However, plaintiff suffered an injury that occurred during the taping of her eyes or in the course of some other anesthesia-related procedure that resulted in an abrasion to the cornea of her right eye.
In Lauro v. Knowles, 668 A.2d 1266 (R.I. 1995) (Lauro I), we affirmed the grant of summary judgment because the period provided in the applicable statute of limitations for bringing suit against those responsible for administering the anesthesia had expired. In Lauro v. Knowles, 739 A.2d 1183, 1185 (R.I. 1999) (Lauro II), we upheld summary judgment in favor of Knowles with regard to the res ipsa loquitur claims advanced by plaintiff and for the claim that Knowles was liable because he was "captain of the ship" in the operating room. However, we reversed the trial justice's decision granting summary judgment on the question of informed consent. Specifically, we noted that the motion justice failed to address whether the risk of a patient's suffering a corneal abrasion from the proposed medical procedure was so remote or of such relatively trivial impact that summary judgment was proper. Id. at 1187. Knowles and St. Joseph Hospital subsequently renewed their motions for summary judgment on this issue. Following a hearing, the trial justice granted summary judgment in favor of both St. Joseph Hospital and Knowles, finding that plaintiff had failed to come forward with any evidence supporting the proposition that she unknowingly had been subjected to a material risk.
Summary judgment may be granted only when, after all reasonable inferences have been drawn in favor of the nonmoving party, no material facts are in dispute. Superior Boiler Works, Inc. v. R.J. Sanders, Inc., 711 A.2d 628, 631 (R.I. 1998). Once the moving party has demonstrated that there is an absence of disputed facts, the nonmoving party bears the burden of coming forward with an affirmative showing that issues of fact are indeed in dispute. Id. at 632. This can be accomplished through affidavits or the production of other evidence. Bourg v. Bristol Boat Co., 705 A.2d 969, 971 (R.I. 1998). The nonmoving party may not rely upon mere allegations or denials in his pleadings to establish the existence of a genuine issue of material fact. Id.
The defendants submitted affidavits in support of the proposition that there was no genuine issue of material fact relative to the doctor's duty to inform in this case. In Lauro II, we clearly delineated the applicable law of medical malpractice, holding that it "'is not necessary that a physician tell the patient any and all of the possible risks and dangers of a proposed procedure.'" Lauro II, 739 A.2d at 1186 (citing Getchell v. Mansfield, 489 P.2d 953 (Or. 1971)). A physician is bound to disclose all known material risks peculiar to the proposed surgery or treatment. The materi
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