Be careful what you promise

A doctor is sued after back surgery did not give the appropriate relief to a patient:

The Supreme Court of Kansas recently held that the Kansas Consumer Protection Act (KCPA) can be applied to a physician’s professional conduct in providing treatment. Williamson v. Amrani, No. 95,154, 2007 WL 419698 (Kan. Feb. 9, 2007).

The plaintiff sued Dr. Amrani after back surgeries performed by the physician failed to provide the promised pain reduction. Williamson alleged that the doctor violated the KCPA by making false representations about the surgery’s high likelihood of success, when in fact the majority of such surgeries the defendant had administered were not successful. The defendant argued that the KCPA does not apply to physicians’ professional conduct in providing medical care, asserting that the claims were a creative attempt to plead malpractice.