Alan Andersen v. Sohit Khanna and Iowa Heart Center

WATERMAN, Justice (concurring in part and dissenting in part).

I respectfully dissent from parts IV and VI of the majority opinion. I would affirm the district court's summary judgment dismissing the informed-consent claim based on Dr. Khanna's failure to disclose his lack of experience with the Bentall heart procedure. Informed consent is not an open-ended, unlimited theory of liability. Rather, if a physician fails to disclose a known material risk and the risk occurs , the patient can recover for the harm resulting from the risk. But if the physician fails to disclose a risk that never…