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Bang v. Charles T. Miller Hospital

Minnesota Supreme Court

88 N.W.2d 186 (1958)

Relevant factsFree

Bang (plaintiff) consulted Dr. Foley (defendant) about urination problems and agreed to be admitted for further examination, understanding a prostate operation might follow if needed, but Foley never told him that the procedure would involve cutting his spermatic cords. Bang consented to the operation without knowing that detail and never asked what it involved, trusting Foley to perform it properly. He sued Foley and the hospital for an unauthorized operation, and the trial court granted a directed verdict for the defendants; Bang appealed the ruling as to Foley.

IssueFree

Whether a patient can give legally valid consent to an operation when the doctor did not disclose a significant detail of the procedure.

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