Festa v. Greenberg

CIRILLO, President Judge:

Appellees initiated this action against appellant-physician asserting that the surgery he performed upon appellee-wife was done in a negligent manner and without proper consent. The trial court originally entered a compulsory non-suit in appellant-physician’s favor because appellees failed to introduce expert testimony to support either of their claims. Subsequently, the trial court granted appellees’ motions to remove nonsuit and for a new trial stating that expert testimony is not required to establish a physician’s duty to disclose information in informed consent…