Nancy Millsap, as the Special Administrator of the Estate of Robert Nash, Deceased, Appellant v. — Hoofman, J…

Summary

Justice Hoofman dissented from the majority's decision to reverse and remand, concluding that the trial court did not abuse its discretion in instructing the jury on informed consent and refusing the appellant's proposed instruction. He reasoned that the instructions adequately covered the consent claim, that evidence supported the informed-consent instructions, and that the appellant failed to preserve her more specific arguments concerning Nash's capacity, emergency consent, and availability of an authorized decision-maker. The dissent would have affirmed the trial court.