Spinal Surgeon Faces Trial on Patient’s Lack of Consent Claim

A Hawaii woman is entitled to another chance at a medical malpractice lawsuit alleging her spinal surgeon failed to obtain her informed consent before an operation because he didn’t tell her about his lack of experience with the technique he used, a state appeals court said.

Marilyn Alghussein raised questions about Kenneth Kaan’s compliance with Hawaii’s informed consent law that need to be resolved by a jury, the Hawaii Court of Appeals said.

Alghussein should have been allowed to proceed to trial on a claim that Kaan violated statutory duties to tell her about alternative procedures and their outcomes when ...