Ashe v. Radiation Oncology Associates
Tennessee Supreme Court
9 S.W.3d 119 (1999)
Relevant factsFree
Dr. Stroup (defendant) recommended radiation therapy to Ashe (plaintiff) without disclosing a small chance of spinal-cord injury, and Ashe suffered exactly that injury, becoming paraplegic; her deposition testimony was ambiguous about whether she'd have consented if warned, but her later trial testimony was more definitive, leading the trial court to strike that trial testimony and direct a verdict against her informed-consent claim.
IssueFree
Whether, in an informed-consent case, the plaintiff must prove that a reasonable person in the plaintiff's position would not have consented to the treatment or procedure if adequately informed of the risks.