Bang v. Charles T. Miller Hospital

Nature of the Case

This was an action in battery for an alleged unauthorized operation.

Facts

Bang (P) alleged that a surgeon at Charles T. Miller Hospital operated on him and that such an operation was unauthorized. Bang came to the defendant complaining of urinary problems and agreed to a cystoscopic examination. During the examination the physician claimed that he had talked to Bang of his findings and got authorization to do a transurethral prostatic resection. Bang alleged that the doctor never told him his spermatic cords would be cut. He eventually testified that he expected the doctor to do what was necessary to perform the procedure. Bang presented his case and the hospital moved for a directed verdict on grounds that he had failed to prove any negligence or any cause of action. That motion was granted and Bang appealed.

Issue

Is the issue of consent a matter for jury determination?

Holding and Rule of Law

Yes. The issue of consent is a matter for jury determination.

When no immediate emergency exists, a patient should be informed of the alternative possibilities and given a chance to decide before the doctor proceeds with the operation. A patient should be given the opportunity to make an informed choice.

Disposition

Reversed and a new trial granted.