Jean M. Wachter Robert Wachter v. United States

I agree with the majority that Wachter produced no evidence that Dr. Billig’s alleged surgical incompetence contributed to the failure of her saphenous vein grafts (SVG). The district court therefore properly granted summary judgment in favor of the United States on Wachter’s claim insofar as it focused on the failure of Bethesda personnel to disclose Billig’s purported surgical shortcomings.

However, the district court erred in granting summary judgment against Wachter insofar as she based her informed consent claim on the failure of Billig and other physicians at Bethesda to advise her of…