Nancy Millsap, as the Special Administrator of the Estate of Robert Nash, Deceased, Appellant v. Victor Williams…

Summary

The court held that the circuit court abused its discretion by giving informed-consent jury instructions in a case alleging that the nasogastric tube was placed without any consent. Because the court refused a proffered instruction addressing consent to treatment and instead gave instructions that did not explain when consent was required, how it could be given, or who could provide it, the instructions were incomplete and confusing, requiring reversal and a new trial. Justice Hoofman, dissenting, would have affirmed because the instructions were supported by the evidence and the appellant's broader consent-capacity argument was not preserved.