Here is an unusual case out of California – a unique application of the "reasonable person test" when applying the causation standard in an informed consent case.
Wilson was paralyzed from spinal surgery for scoliosis, rendering him a paraplegic. He was wheelchair bound and needed to use his arms and shoulders to get in and out of the wheelchair. Some five years ago Wilson had a stroke, and thereafter developed adhesive capsulitis in his shoulder. His doctor referred him to a chiropractor, who recommended manipulation under anesthesia. Wilson asked his doctor questions about the risk associated with the procedure, and allegedly was told by his doctor that the only risk was an infection secondary to an injection that was part of the procedure. His doctor was present at the procedure performed by the chiropractor. Wilson suffered a fractured shoulder and a torn rotator cuff during the procedure. As a result, he had to undergo surgery to repair the damage.
Wilson sued the doctor, the chiropractor and others, saying that he never gave informed consent to the procedure. The case went to trial against the doctor, but the trial judge dismissed this case on several grounds, including the failure of Wilson to prove causation in the informed case.