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Alan Andersen, et al., v. Sohit Khanna, et al.. IA medical malpractice
The plaintiff in this Polk County, Iowa, case underwent a heart procedure at the Iowa Heart Center. The surgeon had no experience or training in the particular Bentall procedure used on the plaintiff. There were a number of complications that resulted in the plaintiff being in a coma. He subsequently underwent a second surgery and heart transplant.
The plaintiff sued for malpractice, claiming that there was no informed consent, since he was not advised of the risks and of the physician's lack of experience. The district court granted summary judgment to the surgeon on the claim regarding lack of experience. The case went to trial on the claim involving risks, and the jury found in favor of the surgeon. The Iowa Court of Appeals affirmed, and the Iowa Supreme Court agreed to hear the case.
The Supreme Court reversed, and held that the claim regarding lack of experience should have gone to the jury. The high court first pointed out the general standard that a physician is required to disclose all material risks involved. It noted that the duty hinges on whether a reasonable person in the patient's position would consider the information relevant. It held that under this standard, relevant personal characteristics of the doctor should have been included in the disclosure, and the jury should have determined whether the standard was met.
No. 14-1682 (Iowa June 15, 2018).
Please see the original opinion for the court's exact language.
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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).
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