McPherson v. Ellis
McPherson v. Ellis
Opinion of the Court
The appellate courts of this state have dealt with the duty of a physician to properly inform a patient of the risks of a surgical procedure in several cases. See Starnes v. Taylor, 272 N.C. 386, 158 S.E. 2d 339 (1968); Brigham v. Hicks, 44 N.C. App. 152, 260 S.E. 2d 435 (1979); Butler v. Berkeley, 25 N.C. App. 325, 213 S.E. 2d 571 (1975). If there is some danger peculiar to a surgical procedure of which the patient is not aware, it is the duty of the physician to warn the patient of this danger. If the likelihood of some adverse result is relatively slight, much must be left to the discretion of the physician or surgeon in determining what he should tell his patient as to adverse consequences.
Plaintiff has brought forward five assignments of error, each of which pertains to the charge. He first contends the court erred in charging the jury that if they found the risk of paralysis is remote and unlikely as a result of the arteriogram and informing the plaintiff of such a risk would not have been required under the existing standard of medical care in Asheville, there would not have been a duty to disclose to the plaintiff the possibility of paralysis. The plaintiff contends this was error because all the evidence is that it was the duty of the physician to inform the plaintiff of the risk of paralysis. In Brigham v. Hicks, supra, we declined to pass on the question of whether expert medical testimony is required to establish the extent of a physician’s duty to inform patients of the risks of proposed treatment. In the case sub judice, several medical experts testified it was the duty of one or both of the defendants to inform the plaintiff of the risk of paralysis. No medical expert testified it was not the duty of either defendant to so warn the plaintiff. There was substantial expert testimony that the chance of paralysis from an arterio-
In her second assignment of error the plaintiff contends the court erred in instructing the jury that they could find defendant was not negligent if they found Dr. Ledbetter had the sole responsibility of advising plaintiff of the risk of paralysis. She contends there was no evidence to support this portion of the charge. Plaintiff offered into evidence the deposition of Dr. Appel in which he stated:
“[I]t was the duty of the defendant Dr. Ledbetter ... to explain to the plaintiff the risk of paralysis ....
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In the case of a patient undergoing an arteriogram, the Neurologist is the responsible attending physician [whose responsibility it is] . . . to explain the normal risks of an arteriogram or angiogram, such as paralysis.”
This testimony supported the instruction to the jury.
In her third assignment of error the plaintiff contends the court improperly charged the jury that, even if the defendants
We have examined the plaintiffs remaining assignments of error and find them to be without merit.
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.