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Posted on June 29, 2019 at 4:30 AM

Carl Bank and Teresa M. Bank sued Dr. Jason J. Mickels and the Omaha Orthopedic Clinic & Sports Medicine, Douglas County, Nebraska for medical malpractice and loss of consortium. Their complaint alleged that Dr. Mickels breached the standard of care because, among other things, he failed to obtain informed consent before performing an injection and manipulation procedure on Carl’s shoulder.

The jury issued a defense verdict. Carl and Teresa appealed, arguing that the trial court erred in its jury instructions, because there was no written informed consent for the  injection and manipulation procedure. The Nebraska Supreme Court affirmed the judgment, holding that Nebraska law does not require informed consent to be written.

This decision nicely illustrates that what matters is the content of the clinician-patient communication rather than the patient’s signature on a form.  

Dr. Jason Mickels

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