Shinal v. Toms M.D.

In a medical malpractice action premised upon lack of informed consent, the issue presented was whether the trial court erred in refusing to strike prospective jurors for cause based upon their relationships to the case through their employer or their immediate family member's employer. The Pennsylvania Supreme Court concluded the trial court did not err in this regard. However, the Court concluded the trial court erred when it instructed the jury to consider information provided by the defendant surgeon's qualified staff in deciding the merits of the informed consent claim. Because a physician's duty to provide information to a patient sufficient to obtain her informed consent is non delegable, the Court reversed the Superior Court's order affirming the judgment entered in favor of the defendant, and remanded for a new trial. View "Shinal v. Toms M.D." on Justia Law