MOORE V. BAKER
989 F.2d 1129 (11th Cir. 1993)
NATURE OF THE CASE: This is a case involving informed consent for a carotid artery
surgery and an appeal from a denial of a motion to amend a complaint.
FACTS: Moore (P) consulted Dr. Baker (D) about a blockage of her carotid artery. D
recommended surgery and had P sign a consent form after informing her of the risks. P was
severely and permanently disabled from the operation. P sued under an informed consent law
alleging that D had not advised her of an alternative therapy. D moved for a summary
judgment and P moved to amend her complaint to assert allegations of negligence during and
after the surgery. The district court refused to allow P to amend her complaint on the
grounds that the new claim was barred by the statute of limitations. P had in fact filed her
complaint on the last day permitted by the statute of limitations. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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