Successfully persuaded the Virginia Court of Appeals that a misdiagnosis could not serve as the basis for a claim of lack of informed consent. An interventional neuroradiologist was found liable on the basis of negligence and/or lack of informed consent for recommending surgery on an aneurysm that he believed previously ruptured, and thus, was at high risk for re-rupture. The Court of Appeals found that his conclusion that the aneurysm previously ruptured, and the failure to inform the patient that the aneurysm may not have previously ruptured, was not an appropriate basis for a lack of informed consent claim.
