Yentes v. Papadopoulos

In a medical malpractice case narrowed to an informed-consent claim, the trial court granted judgment on the pleadings, holding that Florida's informed consent statute imposes no duty to disclose a physician's prior experience with a procedure. The Second DCA reversed, holding that section 766.103(3)(a)2 does not supply an exhaustive list of information a physician must disclose, that the scope of required disclosure varies with the circumstances and requires expert testimony, and that the complaint plus attached expert affidavit raised factual issues precluding judgment on the pleadings. Judge Atkinson dissented, reasoning that a physician's experience level is not a 'risk inherent in the procedure' and thus cannot support liability as a matter of law.

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