Salvagno v. Frew

This is a medical malpractice action arising from surgery performed on plaintiff, William Frew’s, right ankle. The claim, as it reached the Circuit Court for Washington County, was based solely on the alleged lack of informed consent. The claim had previously been dismissed by the Health Claims Arbitration Office (HCAO) because Frew had not identified an expert witness, presumably to testify as to what advice was required and whether the failure to give it constituted a departure from the applicable standard of care. 1

Frew treated the dismissal as an award for the defendants, rejected it, and…