Quimbee logo
DMCA.com Protection Status

Ashe v. Radiation Oncology Associates

9 S.W.3d 119 (1999)

Case BriefRelatedOptions
From our private database of 33,800+ case briefs...

Ashe v. Radiation Oncology Associates

Tennessee Supreme Court

9 S.W.3d 119 (1999)

Facts

Patricia Ashe (plaintiff) was diagnosed with breast cancer and had a double mastectomy and chemotherapy. A few years later, Ashe developed a lung tumor. Ashe then had the upper portion of her lung removed. Ashe was referred to Dr. Steven Stroup (defendant) for potential radiation therapy. Dr. Stroup recommended radiation therapy. However, Dr. Stroup did not tell Ashe that there was a chance that radiation therapy might cause an injury to her spinal cord. Ashe agreed to the radiation therapy and suffered a serious injury to her spinal cord, resulting in Ashe becoming a paraplegic. Ashe sued Dr. Stroup for medical malpractice and failure to obtain informed consent. Dr. Stroup testified that the chance of spinal-cord injury from the treatment was less than 1 percent. Ashe presented an expert opinion from another doctor, who testified that the chance was 1 to 2 percent and that the applicable standard of care required a doctor to advise the patient of the risk. Ashe testified by deposition that she was not sure if she would have agreed to the treatment if she had been advised of the risk. Later, at trial, Ashe testified that she would not have agreed to the treatment. Based on the conflict between the testimony at trial and during her deposition, the trial court struck the trial testimony and granted a directed verdict to Dr. Stroup on the informed-consent action. Ashe appealed, and the court of appeals reversed. Dr. Stroup petitioned the Tennessee Supreme Court for review.

Rule of Law

Issue

Holding and Reasoning (Holder, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 605,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 605,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,800 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 605,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,800 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership