Informed Consent: Physician Inexperience is a Material Risk for Patients

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See Reibl, supra note 1.

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Id., at para. 15.

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Id., at 210.

Id., at 209–210.

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Id., at para. 86.

Id., at para. 14.

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See Reibl , supra note 1, at 890.

Id., at 891.

Hopp v. Lepp , 112 D.L.R. (3d) 67 (S.C.C.) (1980); Turner v. Bederman, O.J. No. 1712 (G.D.) (1996); Kita v. Braig, 17 B. C.A.C. 55 (1992).

Id. (Kita), at para. 7. Before he performed the operation, Dr. Braig, who was 36 at the time and had been in practice as an ear, nose, and throat specialist for just over a year, was asked by Mrs. Kita, a former nurse, whether he had done the recommended procedure before, and answered “Yes.” In fact, he had performed the operation on three previous occasions, but all were while he too was a resident undergoing training in his specialty and under the supervision of a senior surgeon. Counsel for Mrs. Kita characterized Dr. Braig's unqualified answer to Mrs. Kita's question as a misstatement in the nature of a “half truth” made by Dr. Braig for the purpose of procuring consent, and says that it had that result. Counsel says such a consent amounts to no consent at all, and that the conduct of the operation therefore constituted battery, with the result that Dr. Braig was liable for all of its consequences, whether the operation was carried out with appropriate care or not.

See Kita, supra note 43, at para. 12.

Johnson v. Kokemoor , 545 Nw2d 495 (Wis. 1996).

See Bouknight , supra note 32.

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Rostolsky B. M. , “Practice Makes Perfect: Experience-Related Information Should Fall within the Purview of Pennsylvania's Doctrine of Informed Consent,” Duquesne Law Review 40, no. 3 (2002): 543–60, at 559.

See Bouknight , supra note 32.

Howard v. University of Medicine and Dentistry of New Jersey, 300 A.2d 73, 83 (N.J. 2002).

See Halkyard v. Mathew, supra note 23.

See Johnson , supra note 24.

Rouvelas I. Jia C. , “Surgeon Volume and Postoperative Mortality after Oesophagectomy for Cancer,” European Journal of Surgical Oncology 33, no. 2 (2007): 162–168; Rogers S. O. Wolf R. E. , “Relation of Surgeon and Hospital Volume to Processes and Outcomes of Colorectal Cancer Surgery,” Annals of Surgery 244, no. 6 (2006): 1003–1011.

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See Johnson , supra note 24.