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Kiljian v. Grimes10/30/2003
of the specific risks of general anesthesia. She has also declared that had she known of the risk of death or serious injury from general anesthesia, she would have refused the surgery and sought alternative means of treatment.
The facts are undisputed that plaintiff was informed that the surgical procedure and operation carried with it a risk of death, serious injury , and complications. The facts are also undisputed that plaintiff was not advised of the risk of surgical awareness as to the general anesthesia. There are triable issues of fact as to whether plaintiff was advised of the specific risks associated with general anesthesia. However, Dr. Grimes presented evidence that the risk of surgical awareness is a very rare complication and the standard of care does not require disclosure of this risk. This is the complication that plaintiff suffered. Plaintiff was required to present expert evidence that disclosure of the risk of this rare complication was required by the standard of care. This she did not do. Moreover, her causation evidence is inadequate. It was untimely presented in an untimely motion for reconsideration. In addition, it creates no triable issue of fact as to objective causation. Moreover, there is no evidence of the necessity of the operation and the possibility of any feasible alternatives.
DISPOSITION
The judgment is affirmed. Dr. Grimes is awarded his costs on appeal.
NOT TO BE PUBLISHED.
We concur:
TURNER, P. J.
MOSK, J.
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