Bryant v. HCA Health Services of No. Tennessee, Inc.

OPINION

HOLDER, J.

We granted this appeal to address whether a hospital has a legal duty to obtain the informed consent of a patient undergoing a surgical procedure ordered and performed by a non-employee doctor. We hold that Tenn.Code Ann. § 29-26-118 does not require a hospital to obtain the informed consent of a patient. A hospital, however, may assume an independent legal duty to obtain informed consent under certain circumstances not present in this case. The trial court’s grant of the defendant’s motion for summary judgment is affirmed, and the case is remanded.

FACTS

The plaintiff, Rhonda…