Green v. Hussey

This is a medical malpractice action. Plaintiff alleged that defendants, subsequent to breast cancer surgery and without first obtaining plaintiff’s “informed consent,” undertook a postoperation series of cobalt and X-ray treatments on her, which damaged her severely. The issue presented for review is whether the trial court properly directed a verdict in favor of defendants at the close of plaintiff’s case.

The record shows that in April 1962, Dr. C. David Brown, after a diagnosis that a tumor was malignant, surgically removed a breast of plaintiff. No evidence was found that the cancer had…