Felton v. Lovett

Health care must be based on a patient’s informed consent. A health care provider may be liable for failing to disclose to a patient the risks inherent in proposed treatment. The issue in this case is whether the possibility that a patient, due to an undetectable physical condition, will suffer a severe, negative reaction to a procedure is a risk that is inherent in the procedure. We hold that it is and therefore reverse the court of appeals’ judgment 1 for respondent and remand the case to the court of appeals.

Aaron Felton sought treatment for neck pain from Brock Lovett, a doctor of…