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Consent and Informed Consent

Wilkerson v. Mid-America Cardiology, 908 S.W.2d 691 (Mo. Ct. App. 1995)

Why did he go to the hospital?

Where did he go?

Who saw him first?

What was the recommendation?

What is the difference between invasive and non-invasive?

How did they get consent for the angiogram?

What did it show?

What did the doc do?

Does everyone agree about what happened?

What is the hospital rule?

What is Mid-America's rule?

Why aren't we hearing from the patient?

What did his wife say?

Did the doc get a proper informed consent?

What did the doc say?

Did the doc return?

Did they see the doc again?

Did they discuss the risks this time?

What did the wife know?

What did the kids know?

Why might the kids know more?

What did the nurse do?

Did he sign the form?

Where did Ms. Wilkerson get expert advice on getting the consent process completed?

What was she told?

What did defendant remember?

What was the crowning touch?

What did the invasive cardiologist do?

Did he tell plaintiff anything about risks?

What does Rowland claim?

Do her own notes back her up?

Did they do the procedure?

What happened?

What are the plaintiff's theories?

What about battery?

Why throw this one in?

Did defendant's expert support plaintiff's consent theory?

How about negligent treatment?

What did Plaintiff's expert say?

What did Rowland say?

What was the problem with the unplanned bypass operation?

Was the cath lab close to the operation room?

When did defendant's file for dv?

What was their claim?

What did Plaintiffs say?

What did the court do?

What happened on the negligence claim?

What are the elements for failure of informed consent?

What is the standard for disclosure?

Was the issue of disclosure contested?

What about damages?

What failed?

What did the defendants claim at trial?

Why was this a winner?

What if plaintiff had died?

What is their tune on appeal?

What happened in Aiken?

What was the standard in Aiken?

What is plaintiff's burden?

Was it error to direct the verdict?

What is the question to be decided to determine if is reversible error?

What is defendants argument?

Plaintiff's reply?

Who wins the argument?

Why is the right standard?

What would be the result of requiring expert testimony on causation?

Why did the court rule that plaintiffs made a submissible claim of battery?

Must there be a consent form to avoid battery?

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