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Appeals court hears informed-consent and causation dispute after knee-replacement injury
Summary
Counsel disputed on appeal whether a surgeon adequately disclosed the risk of permanent nerve damage before a knee replacement that left the patient with foot drop, and whether the plaintiff needs expert proof on standard-of-care and causation questions.
The Appeals Court heard argument on March 18, 2025, in 24P750, Hennessy v. Cape Cod Orthopedics and Dr. Kinkade, a medical-malpractice appeal centered on alleged lack of meaningful informed consent and disputed causation following a total knee arthroplasty.
Appellant counsel Kevin Considine explained that Francis Hennessy, a long-serving police officer, underwent a right total knee replacement and subsequently developed permanent peroneal nerve palsy and foot drop. Considine said the risk of permanent nerve injury, while listed in written materials, was not explained to the plaintiff in a manner that would enable an informed decision: "It was…
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