The Supreme Court has granted certification in a case that raises the question of whether a physician or surgeon must advise a patient that he or she does not have malpractice insurance before conducting a medical procedure. Stated differently, can a patient give informed consent without knowing that the surgeon did not have malpractice insurance?
Another issue certified in Jarrell v. Kaul is whether the surgery center at which the surgery was performed can be liable for the malpractice when the center permitted the doctor to perform the surgery without malpractice coverage.
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