Atamian v. Assadzadeh,
No. CIV.A. 00-CV-3182 (E.D. Pa. April 9, 2002)
A
patient sued a dentist for performing unnecessary and invasive procedures without
proper informed consent. The United States District Court, Eastern District
Pennsylvania ruled that, because there was no evidence presented that the physician
performed the procedures without the patient's consent, the patient would have
to provide evidence that the physician failed to advise the patient of material
facts, i.e., risks, complications, and alternatives to surgery, which a reasonable
person in the patient's position would have considered significant in deciding
whether to have the dental surgery. The court further ruled that the patient
must present expert testimony to make a prima facie case based on his claim
of lack of informed consent. Since no such evidence was produced by the patient,
his suit was dismissed with prejudice.