Articles Posted in Lack of Informed Consent

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Jeanette Olken underwent successful self-catheterization procedures fter undergoing implantation of a sling to treat urinary incontinence. When she later experienced difficulty self-catheterizing, she went to a hospital emergency room.

Olken, 55, saw an emergency department physician and nurse who unsuccessfully attempted to catheterize her.

Dr. Joseph Zajac, a urologist, attempted to dilate Olken’s urethra using a metal sounds dilator. Dr. Zajac tore Olken’s urethra and vagina, and he disrupted the newly implanted sling.
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Rodney Knoepfle, 67, suffered from significant health problems. He had a history of stroke and orthopedic and cardiac problems. Before all this took place, he executed an advance directive, which designated his wife to make healthcare decisions and stated his desire to forego life-sustaining healthcare treatment should that become necessary. In other words, he signed this directive stating that he did not wish to be resuscitated in case of a deteriorating medical condition.

When Knoepfle began feeling poorly, he was admitted to St. Peter’s Hospital. He provided his advanced directive to the nurses and staff who entered a do-not-resuscitate (DNR) order into the hospital computer system.

However, two days later, Knoepfle became non-responsive, prompting a nurse to call for help. When no one responded to the call, the nurse called a code. The on-duty hospitalist, Dr. Lee Harrison, came to Knoepfle’s bedside and performed chest compressions for 10 to 15 minutes. Knoepfle was resuscitated; however, he then coded the following day. Dr. Harrison then gave Knoepfle adrenaline.
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Ezekiel Flores, 89, was admitted to MacNeal Hospital in Berwyn, Ill., in January 2013 for complaints of leg pain. While he was there, an abdominal CT scan came back with abnormal results, which led the doctors to suspect possible colon cancer over diverticulitis.

The defendant gastroenterologist, Dr. Manuel Alva, did a colonoscopy on Jan. 11, 2013. It showed there was no cancer. However, during the procedure Flores sustained a perforated colon, which led to nearly fatal sepsis, a colostomy for eleven months and later a colonostomy reversal surgery in combination totaled medical expenses of $201,950.

Flores maintained at this jury trial that he refused to undergo the colonoscopy several times but the defendants, the physicians, persisted and persuaded him to do so without fully disclosing the risks and alternatives and thus choosing not to obtain Flores’s informed consent.
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