Shabinaw v. Brown

I respectfully dissent from Parts III, IV and V of the majority opinion. In my view, the Court should affirm the district court’s order granting a new trial.

With respect to the nondisclosure element (Part III A) of proving a claim based on the doctrine of informed consent pursuant to Sherwood v. Carter, 119 Idaho 246, 805 P.2d 452 (1991), the majority reverses the district court’s order granting a new trial as to the first surgery based upon the expert testimony presented by Dr. Brown, the defendant physician, which stated that nasogastric therapy was not a viable alternative to the first…