Auler v. Van Natta

OPINION

KIRSCH, Judge.

In this medical malpractice action for the implantation of a saline breast implant without the patient’s consent, Nora Auler and husband Paul Auler appeal the summary judgment in favor of Humana Womens Hospital, now Women’s Hospital-Indianapolis (the Hospital). The issue presented is whether the Hospital had or assumed a duty to secure the patient’s informed consent for the implantation.

We affirm.

FACTS AND PROCEDURAL HISTORY

The facts construed in favor of the Aulers show that Nora, suffering cancer of the left breast, was admitted to the Hospital for removal of the breast…