District of Columbia (DC) Superior Court
When a biopsy revealed cancer, a woman underwent a lumpectomy on 1 breast. Later mammography showed microcalcifications in her other breast. Based on her medical history, the surgeon recommended removal of the microcalcifications, and performed a breast biopsy. During the procedure, he found an additional area of the breast with microcalcifications and removed them.
In suing, the woman argued that she did not give prior consent to remove the additional tissue. She claimed that her breast is now deformed by a severe indentation.
The doctor maintained that the consent form gave him permission to perform additional tissue removal as he saw fit. Further, he claimed that the patient agreed to the removal of excess tissue during the surgery.
- The jury awarded the plaintiff $1.6 million.