Radiation Oncologist Obtained Informed Consent
Susan Darlington secured summary judgment dismissing all claims against a radiation oncologist except informed consent. James M. Furey, Jr. tried the informed consent claim to defendant’s verdict. After being diagnosed with breast cancer, the plaintiff underwent a mastectomy with immediate reconstruction via tissue expander and permanent implant. Given the choice between radiation treatment followed by exchange of permanent implant six to nine months later, or exchange of permanent implant followed by radiation treatment six weeks later, the plaintiff opted for exchange first. Plaintiff suffered loss of the permanent implant from radiation, and never underwent further reconstruction. She contended that the radiation oncologist failed to warn her of that risk. The radiation oncologist testified that he would leave that choice between the patient and non-party plastic surgeon. The jury returned a unanimous verdict in favor of the radiation oncologist.