Legal Opinion

Morgan v. McPhail

Superior Court of Pennsylvania

Decided March 15, 1996No. 1019PublishedCited by 25 opinions

1Opinion of the Court

JOHNSON, Judge:

In this appeal, we are asked to consider whether Pennsylvania law recognizes a cause of action where a doctor failed to obtain his patient’s informed consent to the administration of an intercostal nerve block. Because we find that we are bound by prior case law which limits actions for informed consent to situations involving surgical or operative procedures, we are constrained to affirm the trial court order that granted Dr. John A. McPhail’s preliminary objections to those paragraphs of the complaint which involved informed consent. Nonetheless, we are compelled to express…

2Cases cited18 opinions

  1. Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
  2. Gray v. GrunnagleSupreme Court of Pennsylvania · 1966
  3. Cooper v. RobertsSuperior Court of Pennsylvania · 1971
  4. Gouse v. CasselSupreme Court of Pennsylvania · 1992
  5. Love v. CramerSuperior Court of Pennsylvania · 1992

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3Cited by25 opinions

  1. Huddleston v. Infertility Center of America, Inc.Superior Court of Pennsylvania · 1997
  2. Denton v. Silver Stream Nursing & Rehabilitation CenterSuperior Court of Pennsylvania · 1999
  3. Nogowski v. Alemo-HammadSuperior Court of Pennsylvania · 1997
  4. Commonwealth v. McKinneySuperior Court of Pennsylvania · 2001
  5. Tanzer v. Health Insurance Plan of Greater New YorkNew York Court of Appeals · 1997

20 more not listed; retrieve them via the Exa API.

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