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Rice v. Brakel

Arizona Court of Appeals
310 P.3d 16 (2013)


Dr. Arlo Brakel (defendant) performed spinal surgery on Jay Rice (plaintiff). The surgery fixed Rice’s pain in his right leg, but Rice experienced pain in his left leg after the surgery. Subsequently, Rice learned that Brakel was dependent on unprescribed prescription drugs around the time of the surgery and had been disciplined by the board of medical examiners. Rice brought suit against Brakel for battery, negligence, and breach of contract. Regarding the battery claim, Rice argued he lacked informed consent for the surgery because Brakel did not disclose his drug dependency. The trial court granted Brakel’s motion for summary judgment. Rice appealed.

Rule of Law


Holding and Reasoning (Howard, C.J.)

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