Johnston v. Stein

On appeal, the plaintiff Johnston does not assert, as part of her medical malpractice claim, that the surgical procedure which Dr. Stein, the defendant, performed on her back was negligently executed. Rather, she ascribes negligence to the decision to do the operation and casts her claim in terms of Dr. Stein having “misrepresented” her condition. Thus misled, Johnston complains that she was not capable of having given informed consent to the surgery. Johnston’s claim was placed before a medical malpractice tribunal (see G. L. c. 231, § 60B) which, upon examination of the offer of proof,…