American Journal of Law & Medicine

Consent: duty to readvise - Schreiber v. Physicians Insurance Company.(Wisconsin)

Consent: Duty to Readvise--Schreiber v. Physicians Insurance Company(1)--The Supreme Court of Wisconsin held that a patient's withdrawal of consent constituted a legal change in circumstances, triggering a new informed consent discussion between patients and physicians.(2) The failure to acknowledge the patient's desire for a cesarean delivery violated her right of informed consent.

Plaintiff Janice Schreiber went into labor and was admitted to Saint Mary's Hospital.(3) Although she had planned to have a vaginal delivery, after admission she asked defendant Dr. Paul K.H. Figge, Jr. three times to perform a cesarean delivery.(4) The defendant continued to prepare Schrieber for a vaginal delivery, but eventually performed a cesarean delivery after complications developed in the birth. …

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