Wilson v. P.B. Patel, M.D., P.C.

I concur with the principal opinion on the issue of first impression that “informed consent” is irrelevant in a medical negligence case. I dissent from the principal opinion’s holding that the circuit court abused its discretion in refusing to give the withdrawal instruction.

Refusal to Give the Requested Withdrawal Instruction Was Not Without Careful Consideration and Did Not Constitute an Abuse of Discretion

“The trial court abuses its discretion when its ruling is clearly against the logic of the circumstances then before the trial court and is so unreasonable and arbitrary that the ruling…