 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Ocomen v. Rubio6/8/2000
Additionally, Ms. Ocomen herself testified that she was aware there were inherent risks in surgery, and that she consented to "exploratory surgery."
Dr. Reardon, appellee's general surgery expert, testified as follows:
Q. What if Dr. Rubio is in there during the middle of the operation and he gets the patients open and sees the bowel? Should he at that point stop and wake the patient up and say, "What do you want me to do now?" Is that a reasonable, sensible option?
A. I don't think that very many people who are going to have an operation would consider it reasonable to not provide them with the best care that you can provide while exercising the judgment that they have asked you to use and say, "Wake me up. Don't take care of my problem. Let me know what my problem was." The vast majority of people would agree they would want me to treat them, "Put me back to sleep and treat me." That doesn't happen.
The evidence is legally and factually sufficient to support the jury's finding that Dr. Rubio did not fail to disclose to Ms. Ocomen the risks and hazards of resection surgery that could have influenced a reasonable person in giving or withholding their consent. We overrule appellants' issues four and five.
In issue seven, appellants assert the trial court's errors harmed them. Because we find the trial court did not err, it is unnecessary to address appellants' issue seven.
We affirm the judgment.
Publish.
Tex. R. App. P. 47.
Page 1 2 3 4 5 6 7 Texas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|