Crim v. Dietrich

Plaintiffs filed medical malpractice action alleging that physician's negligent failure to obtain mother's informed consent prior to infant's natural birth resulted in fracture to newborn's right clavicle and nerve damage. Court erred by granting Defendant directed verdict on issue of informed consent.Plaintiffs presented competent evidence that an alternative to natural birth procedure existed, and that alternative procedure could have mitigated newborn's injuries, and mother testified that had she been advised of that alternative, she would not have proceeded with natural childbirth.(HOLDER WHITE and APPLETON, concurring.)