Rice v. Brakel

Dr. Arlo Brakel (defendant) performed spinal surgery on Jay Rice (plaintiff) that fixed his right-leg pain but caused new left-leg pain. Rice later learned Brakel had been abusing unprescribed drugs around the time of surgery and had been disciplined by the state medical board. Rice sued for battery, negligence, and breach of contract, arguing in his battery claim that he lacked informed consent because Brakel never disclosed his drug dependency. The trial court granted Brakel summary judgment, and Rice appealed.