Anna L. Lambert v. John H. Park, M.D.

McKAY, Circuit Judge.

The problem this diversity case presents is whether the doctrine of “informed consent” 1 in medical malpractice cases is a part of Oklahoma law. If it is, we must decide whether the trial court erred in not instructing the jury on “informed consent” in light of the evidence introduced at trial. It is clear that the law of Oklahoma is in flux and that we have no unambiguous guidance in Oklahoma case law on whether the doctrine is recognized by the courts of that state. This is nowhere more clearly illustrated than in the reliance by both parties on the same case, Martin v.…