Madsen v. Park Nicollet Medical Center

KELLEY, Justice.

The primary issue this appeal presents is whether the negligent nondisclosure rule, which had its genesis in Cornfeldt v. Tongen, 262 N.W.2d 684 (Minn.1977), is applicable in a medical malpractice case in which the claim of negligent nondisclosure is based on the alleged failure of the attending physician to inform the patient of the availability of additional, as distinguished from alternate, treatment, and the risk associated with not accepting the additional treatment. The trial court declined to give a requested jury instruction, which, if given, would have imposed upon…