Montalvo v. Borkovec
Court of Appeals of Wisconsin
647 N.W.2d 413 (2003)
Nancy Montalvo and Brian Vila (plaintiffs) consented to an emergency cesarean section when Montalvo's premature labor could not be medically delayed; Dr. Terre Borkovec performed the delivery and handed the infant to neonatologist Dr. Brent Arnold, who performed resuscitation and other life-saving measures. Nearly three years later, the parents and their son Emmanuel (plaintiffs, by guardian ad litem) sued the hospital, Dr. Arnold, and Dr. Borkovec (defendants), alleging the defendants violated the state's informed-consent statute by failing to adequately warn them of the risk of disability from a premature birth at 23 to 24 weeks weighing under 750 grams; the parties agreed to dismiss Dr. Borkovec, and the trial court dismissed the remaining complaint.
Whether a physician is required to obtain informed consent from a minor patient's parents only when there is a need to choose among available, viable alternatives for medical treatment.