Bilateral Oophorectomy without Patient’s True Consent: The Division between the Liability of Violating Informed Consent Doctrine and Medical Malpractice
This is a typical medical malpractice litigation regarding the violation of informed consent doctrine. The gynecologist failed to fulfill his duty of fully disclosure about the sequel of operation and options of surgery procedures, and the patient consented to receive bilateral salpingo-oophectomy which caused surgical menopause and was complicated with uretero-vaginal fistula. The district and supreme courts found for the patient and hold that the gynecologist violated the informed consent doctrine and was liable. This article is aimed to discussed the injury pattern and liability of violating informed consent doctrine with special reference to the decisions herein.