Price v. ERBE USA, INC.

hi agree with the portion of the majority’s opinion affirming the jury verdict finding Dr. Humphries obtained Mr. Price’s consent. The facts were greatly in dispute, and the jury apparently accepted Dr. Humphries version that a conversation did occur between he and Mr. Price concerning the possibility of removing polyps if they were discovered. Further, the consent form, which Mr. Price signed, created a presumption in favor of Dr. Humphries that he advised Mr. Price of the risks connected with the proposed procedure and that Mr. Price had given an informed consent.

However, I dissent from the…