Larry D. Robinson, Joan Robinson v. Dr. Joe E. Parrish

720 F.2d 1548, 1983 U.S. App. LEXIS 14469
Court of Appeals for the Eleventh Circuit·Decided December 15, 1983·No. 82-8580·Published·Cited by 27 cases

Opinions

PER CURIAM:

Joan and Larry Robinson, the appellants, originally filed this diversity action in 1976 in the Northern District of Georgia. They claimed that the defendant-appellee, a medical doctor, negligently performed a la-paroscopic tubal ligation on Mrs. Robinson in 1975. This surgical procedure is designed to permanently sterilize a woman and is relative risk free, but Mrs. Robinson’s small intestine was punctured during the operation and she suffered serious pain and injury as a result. A jury subsequently found that the defendant did not negligently perform the operation. The Robinsons then moved for a new trial, claiming that the district court erred in failing to give jury instructions concerning “informed consent.” Informed consent is a descriptive term referring to a requirement in many jurisdictions that a doctor fully explain all possible risks associated with a particular operation. The defendant responded to the Robinson’s motion by arguing that informed consent is not a requirement under Georgia law, and that Georgia law only requires a patient be informed of the intended result of the surgery before valid consent is obtained. The district court reviewed the arguments, noted the absence of Georgia cases addressing the issue, and granted the Robinson’s motion for a new trial solely on the question of whether the defendant doctor obtained the proper consent from Mrs. Robinson prior to surgery. The judge expressed an opinion that the doctrine of informed consent was applicable under Georgia law. The district court also certified the issue to the Fifth Circuit so that the defendant could seek an interlocutory appeal, but the court of appeals denied the request reasoning that the issue would be better addressed after the new trial.

Once again before the district court, but before a different judge, the parties stipulated two important facts for the first time. The parties agreed that Mr. and Mrs. Robinson were fully aware prior to surgery that the purpose of the operation was to permanently sterilize her. The parties also agreed that the defendant did not explain to the Robinsons any of the potential risks or complications associated with the procedure. The defendant then made a new motion for summary judgment on the issue of informed consent. The district judge found as a matter of law that Mrs. Robinson validly consented to the operation, and accordingly granted the motion. In other words, the district judge rejected the previous district judge’s conclusion that the doctrine of informed consent was applicable under Georgia law.

The Robinsons now appeal raising three issues. First, they argue that the “law of the case” doctrine should have barred the second district judge from overturning a ruling made by the previous judge. Second, they claim that Georgia law requires a doctor to obtain informed consent prior to operating on a patient. And third, the Robin-sons argue that there are still material facts in dispute even if informed consent is not applicable in Georgia, and thus summary judgment was improper. We affirm for the following reasons.

In regard to the first issue, the Robinsons are misguided in arguing that the “law of the case” doctrine should have barred the district judge below from ruling contrary to the previous district judge. The “law of the case” doctrine is “the rule under which the trial court and appellate [1550] courts are bound by any findings of fact or conclusions of law made by the appellate courts in a prior appeal of the case at issue.” United States v. Burns, 662 F.2d 1378 (11th Cir.1981). The purpose of the doctrine is to bring an end to litigation by foreclosing the possibility of repeatedly litigating an issue already conclusively decided. White v. Murtha, 377 F.2d 428 (5th Cir.1967). The issue normally arises in the context of a district court ignoring or contravening the ruling of a higher court in an earlier proceeding of the same case. See, e.g., Wm. G. Roe Company v. Armour & Company, 414 F.2d 862 (5th Cir.1969). In the present case, the district judge’s decision to grant summary judgment on the issue of consent was contrary to a ruling made by the previous judge in the same litigation, but it did not contravene a ruling to which the latter judge owed obedience or adherence. To hold that a district court must rigidly adhere to its own rulings in an earlier stage of a case would actually thwart the purpose of the doctrine. New developments or further research often will convince a district court that it erred in an earlier ruling, or the court may simply change its mind. We believe it would be wasteful and unjust to require the court to adhere to its earlier ruling in such an instance.* See also 1B Moore’s Federal Practice § 0.404[1] (1982); Gregg v. U.S. Industries, Inc., 715 F.2d 1522 (11th Cir.1983); Morrow v. Dillard, 580 F.2d 1284 (5th Cir. 1978).

The Robinsons also argue that Georgia incorporates the doctrine of informed consent and requires a physician to fully explain all possible risks and complications associated with a sterilization operation before a patient can validly consent to the surgery. Georgia law provides: “It shall be lawful for any physician ... to perform a sterilization procedure ... provided ... that prior to or at the time of such request a full and reasonable medical explanation is given by such physician to such person as to the meaning and consequence of such operation." Official Code of Ga.Ann. § 31-20-2 (Michie 1982), Ga.Code Ann. § 84-932 (Harrison 1981) (emphasis added). The judge below rejected this argument, concluding that the quoted language only requires a doctor to explain the purpose and intended result of surgery. Because Georgia law was unclear with regard to consent for a sterilization procedure, we certified this issue to the Georgia Supreme Court pursuant to Rule 36 of that court, Official Code of Ga.Ann. § 15-2-9 (Michie 1982), Ga.Code Ann. § 24 — 4536 (Harrison 1981). In Robinson v. Parrish, 251 Ga. 496, 306 S.E.2d 922 (1983) (attached hereto as an appendix), the Georgia Supreme Court addressed the issue and concluded, as did the district judge below, that the Georgia statute only requires a doctor to explain the intended result of the operation. Thus, the judge below used the proper legal standard in reviewing the defendant’s motion to dismiss.

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Larry D. Robinson, Joan Robinson v. Dr. Joe E. Parrish, 720 F.2d 1548, 1983 U.S. App. LEXIS 14469 (11th Cir. 1983).

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