Smith v. Cotter

OPINION

This is a medical malpractice action. After a bench trial, the district court awarded damages against Dr. Lindsay Smith because of his negligent failure to obtain James Cotter’s informed consent to a surgical operation, a total thyroidectomy.

Cotter claims that Dr. Smith failed to inform him that he could suffer paralyzed vocal cords and an obstructed airway as a complication of the surgery. Dr. Smith claims that he told Cotter of the risk and that, even if he did not, he was not fequired by professional standards to tell Cotter of this risk. There is ample evidence to support the trial…