Cornfeldt v. Tongen

ROGOSHESKE, Justice.

Defendant Dr. Lyle Tongen appeals from an order denying his post-trial motions in this action to recover damages for wrongful death due to medical malpractice. On a previous appeal of this case, 1 we recognized a cause of action for a physician’s negligent failure to obtain a patient’s informed consent to medical treatment and reversed and remanded for a new trial. This appeal, following the second trial, raises the issue whether the trial court’s implied finding that the undisclosed risk materialized in harm as a result of the treatment is manifestly contrary to the…