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Torts Keyed to Christie
Ashe v. Radiation Oncology Associates
Citation:9 S.W.3d 119 (Tenn. 1999)
Patricia Ashe (plaintiff) underwent a double mastectomy and chemotherapy for breast cancer, and a few years later had a portion of her lung removed because of a tumor. The plaintiff was referred to Dr. Steven Stroup (defendant) who recommended radiation therapy but failed to tell the plaintiff the radiation may cause an injury to her spinal cord. As a result of the radiation, she became a paraplegic. The plaintiff sued the defendant for failure to obtain informed consent and medical malpractice. At trial, the plaintiff presented expert testimony that the applicable standard of care required a doctor to advise the patient of this risk, even if the risk was 1 to 2 percent. The plaintiff also offered conflicting testimony as to whether she would or would not have consented to surgery had she known the risk.
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