Tisdale v. Pruitt, Jr., M.D.

Tisdale (plaintiff) went to Dr. Pruitt's (defendant) office solely to obtain an insurer-required second opinion regarding a recommended dilation and curettage (D&C) procedure her own longtime physician had scheduled, and completed paperwork stating she was there only for that second opinion; Pruitt, without reading her chart, examined her and performed the D&C himself — inadequately, requiring a second corrective procedure by her own physician under general anesthesia. Tisdale sued for medical malpractice including lack of informed consent, testifying she wanted only her own physician to perform any procedure; the jury awarded her actual and punitive damages, and Pruitt appealed, arguing the jury should have been instructed on implied consent based on Tisdale's silence during the procedure.