Health Law Keyed to Furrow
Arato v. Avedon
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Physicians found a tumor on Arato's (Plaintiff) pancreas during surgery. Removal of the tumor followed by a pathological examination confirmed the tumor was malignant. Chemotherapy and radiation therapy were advised by oncology doctors, including Avedon (Defendant). The Aratos (Plaintiffs) were told that most victims of pancreatic cancer die of the disease and that if the cancer were to return, Plaintiff's condition would be considered incurable. Plaintiff was not informed, however, of specific statistical mortality rates. Following Arato's (Plaintiff) death, his wife (Plaintiff) brought suit against the physicians claiming they had not adequately disclosed information necessary for Plaintiff's informed consent for his treatment and that he otherwise would have declined the treatment and spent his final days occupied otherwise. The jury found for Avedon (Defendant) and the other doctors (Defendants). The court of appeals reversed. The doctors appealed.
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