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Whittington v. Mason6/16/2005
ial and should have been disclosed. Thus, the Whittingtons' claim of lack of informed consent must fail.
. Our review of the record in this case leads us to the conclusion that the jury had no reasonable basis to determine that material risks of a vasectomy included any of the undesired results of the procedure which the Whittingtons claim were not disclosed. Any such determination by the jury would have been pure speculation.
CONCLUSION
. We hold that a plaintiff must produce expert testimony to establish the material risks and available alternatives of a medical procedure. Absent such expert testimony, a jury may not consider whether a physician conducted a medical procedure without informed consent. To the extent this Court's prior cases -- including the cases cited herein -- conflict with our decision today, they are hereby overruled. Because the Whittingtons produced no expert testimony to assist the jury in determining which complications of the vasectomy were material risks requiring disclosure or further explanation prior to the procedure, we affirm the trial court's grant of judgment in favor of the defendants and the judgment of the Court of Appeals.
. AFFIRMED.
SMITH, C.J., WALLER AND COBB, P.JJ., CARLSON AND RANDOLPH, JJ., CONCUR.
GRAVES, J., CONCURS IN RESULT ONLY.
EASLEY, J., DISSENTS WITHOUT SEPARATE WRITTEN OPINION.
DIAZ, J., NOT PARTICIPATING.
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