Dodd v. Hines

In an effort to increase chances of conception, Lacy Dodd underwent surgery to remove ovarian cysts and, potentially, one fallopian tube. During the surgery, Lacy’s physician, Dr. Randall Hines, discovered that both of Lacy’s ovaries appeared abnormal to the extent that they seemed cancerous. Dr. Hines consulted, intraoperatively, with his colleague, Dr. Paul Seago. Dr. Seago concluded that both ovaries lacked any appreciable amount of normal tissue and were highly suspicious for malignancy; he recommended that it was in Lacy’s best interest to remove both ovaries. Dr. Hines agreed and removed both ovaries. A biopsy later revealed that Lacy’s ovaries were not cancerous. Lacy and her husband, Charles Dodd, filed a pro se complaint against Dr. Hines, Dr. Seago, and Mississippi Reproductive Medicine, PLLC, claiming that her ovaries were removed without consent. Lacy also alleged defendants were negligent in failing to obtain informed consent from the patient and/or her family to proceed with the procedure, failing to test tissues and analyze the results; and misdiagnosing Lacy’s condition as malignant. The trial court found that Lacy had consented to the removal of her ovaries based on a consent form executed by Lacy prior to the surgery and granted summary judgment in favor of the defendants. Despite the sole issue of consent before the trial court, it entered a final judgment with respect to all of Lacy’s claims alleged in her complaint. On appeal, the Court of Appeals determined that Lacy’s claim was “battery-based” and held that Lacy did not give express consent for the removal of her ovaries and the consent form did not summarily provide consent to remove her ovaries. The Mississippi Supreme Court agreed with the result reached by the Court of Appeals, holding that there is a genuine issue of material fact precluding summary judgment as to whether Lacy consented to the removal of her ovaries in accordance with the Court’s decisions in Cole v. Wiggins, 487 So. 2d 203 (Miss. 1986), and Fox v. Smith, 594 So. 2d 596 (Miss. 1992). The trial court’s judgment was reversed and the matter remanded for further proceedings for reasons different than those of the Court of Appeals. View "Dodd v. Hines" on Justia Law