Lacy Dodd v. Dr. Randall Hines

¶37. Under Mississippi law, a patient may assert two types of “consent” claims against a physician. First, “a surgeon who performs an operation without his patient’s consent commits an assault [and battery] for which he is liable for damages.” Fox v. Smith, 594 So.2d 596, 604 (Miss.1992), Second, even if the physician obtains the patient’s consent in fact, the physician may still be liable if that consent was not “informed.” Jamison v. Kilgore, 903 So.2d 45, 49-50 (¶ 15) (Miss.2005). For consent to be informed, the patient must be advised of the material and “known risks of the procedure.”…