Kinser v. Elkadi

CROW, Judge.

Appellant (“Elkadi”), a thoracic and cardiovascular surgeon, appeals from a judgment, per jury trial, awarding Billie Kinser (“Billie”) $900,000, and her husband, Clifford (“Jay”), $25,000. The Kinsers’ claims were submitted to the jury on the theory that Elkadi was negligent in that he (1) performed an unnecessary “bilateral aorta-femoral bypass” surgical procedure on Billie on September 26, 1973, or (2) failed to secure an informed consent from Billie before performing the surgery. The Kinsers did not contend that the surgery itself was performed in a negligent manner.

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