Case Study: Montalvo V. Borkovec
According to Montalvo v.Borkovec Court of Appeals of Wisconsin in 2002. “On November 21, 1996, Montalvo entered St. Mary's Hospital in Milwaukee, Wisconsin, with pre-term labor symptoms. An ultrasound revealed that the baby was 23 and 3/7 weeks old, and weighed 679 grams. Attempts to interrupt her labor and delay the birth were unsuccessful. Prior to delivery of the child, the parents executed an informed consent agreement for a cesarean procedure. Dr. Terre Borkovec performed the cesarean section. At birth, Emanuel was "handed off" to Dr. Arnold, a neonatologist, who successfully performed life-saving resuscitation measures.” The baby ended up surviving, however a complaint was made against both of the physicians, Dr. Terre Borkovec and Dr.
Arnold. The court of appeals, in a decision written by Judge Wedemeyer, “affirmed in an opinion that primarily addresses the informed consent statute, First, a physician is obligated to provide information "about available and viable options of treatment". This necessarily implies that "informed consent comes into play only when there is a need to make a choice of available, viable options." Final reason behind the complaint was from neglecting to guide the parents of the dangers or potential consequences of a child born at 23 or 24 weeks, “weighing less than 750 grams.”
Arnold. The court of appeals, in a decision written by Judge Wedemeyer, “affirmed in an opinion that primarily addresses the informed consent statute, First, a physician is obligated to provide information "about available and viable options of treatment". This necessarily implies that "informed consent comes into play only when there is a need to make a choice of available, viable options." Final reason behind the complaint was from neglecting to guide the parents of the dangers or potential consequences of a child born at 23 or 24 weeks, “weighing less than 750 grams.”