Verna Lee Burton v. Robert L. Youngblood

ZIMMERMAN, Justice: Plaintiff Verna Lee Burton appeals from an order under Rule 41(b) of the Utah Rules of Civil Procedure dismissing her claim against Robert L. Youngblood, M.D. at the close of her case. She had alleged that Youngblood was negligent in treating her and that he had not obtained her informed consent for the surgery at issue. On appeal, Burton seeks reversal on two grounds. First, she asserts that the trial court improperly excluded testimony by her expert witness concerning the appropriate standard of care and that if the evidence had been admitted, a Rule 41(b) motion would not have been appropriate regarding her negligence claim. Second, she contends that the court erred in granting the motion with respect to her other claim because the evidence shows that Youngblood did not disclose substantial and significant risks associated with the surgery, thus failing to satisfy the informed consent requirements of U.C.A., 1953, § 78-14-1 to -11 (1977 ed.). We reject both contentions.