Schneider v. Revici

Two different doctors diagnosed Edith Schneider (plaintiff) with a breast lump and told her to get a biopsy to see whether she needed a partial breast removal. Instead, Schneider went to see Dr. Emanuel Revici (defendant) after hearing a radio program about Revici’s unconventional, noninvasive treatment methods. Schneider signed a consent-for-medical-care form, agreeing that she understood that Revici was using experimental, unapproved methods, that there were no guarantees of success, and that she was releasing him from all liabilities. Revici diagnosed Schneider with cancer in one breast and treated her with a selenium supplement and a restricted diet. Schneider’s tumor grew larger and spread to her lymph system. Schneider eventually had both breasts removed at a hospital and underwent 16 months of conventional chemotherapy treatment. Schneider sued Revici for fraud and medical malpractice. Revici asked for a jury instruction that Schneider had assumed the risk of her medical outcome, which would have been a complete defense to her medical-malpractice claim. The trial court did not give the instruction. The jury found no fraud but returned a verdict of $1 million for Schneider and $50,000 for her husband on the medical-malpractice claim. The jury also found that Schneider was just as responsible as Revici for her situation. The court used this comparative-negligence finding to cut the awards in half, leaving $500,000 for Schneider and $25,000 for her husband. Revici appealed.