Baird v. American Medical Optics

Only one such as Anatole France1 could adequately capture the irony in the Court’s judgment. A sight-impaired woman has lost her claim that she was the unwitting subject of experimental eye surgery in part because she should have more carefully read the release form that she signed before undergoing the surgery. Ante at 72, 713 A.2d at 1028. In order to reach that result the Court has improperly fused the accrual of two separate claims and thereby avoids resolution of a factual dispute whether plaintiff was informed of the experimental nature of the eye surgery.

A

Must the claims of medical…