Holden v. Rannick

OPINION

BROCK, Justice.

This is a medical malpractice suit based on the doctrine of informed consent. The sole issue on appeal is whether the trial judge adequately performed his function as a thirteenth juror in approving the jury verdict in favor of the defendant.

The plaintiffs theory at trial was that her consent to undergo a simple mastectomy was invalid, because the defendant doctor obtained the consent from her without informing her that an alternate procedure, a subcutaneous mastectomy, was available and would produce better cosmetic results. The case was heard before a jury which…