Rojas v. Barker

Caplinger, J.:

In this medical malpractice action, Mary Ann Rojas alleges Patrick M. Barker, M.D., negligently performed her hernia surgery and failed to obtain her informed consent to the surgery. The district court granted partial summary judgment in favor of Dr. Barker on Rojas’ informed consent claim, finding Rojas failed to establish causation with respect to that claim. However, the court permitted Rojas’ negligence claim to go to the jury, which returned a verdict for Dr. Barker. Prior to trial, the district court sustained a motion limiting the amount of medical expenses.

In this…