Legal Opinion
Fitzpatrick v. Natter
Supreme Court of Pennsylvania
Decided December 17, 2008No. 1 EAP 2007PublishedCited by 26 opinions
1Opinion of the Court
OPINION
Chief Justice CASTILLE.
The primary issue in this appeal is whether a patient, seeking to prove a lack of informed consent claim in a medical malpractice case, may rely solely upon circumstantial evidence to demonstrate that the information that the physician allegedly failed to disclose would have been a substantial factor in the patient’s decision to undergo the procedure. Specifically, we consider whether the substantial factor element of the claim may be established solely through testimony of the patient’s spouse. 1 The trial court and the Superior Court panel majority answered…
2Cases cited26 opinions
- Amie Marie Beers-Capitol Aliya Tate v. Barry Whetzel, an Individual Shirley Robinson, in Her Official Capacity Robert Liggett, in His Individual and Official Capacity Youth Development Center at New Castle Nora Burley, in Her Individual and Official Capacity Nick Pihiou, in His Individual and Official Capacity John Doe, in His/her Individual and Official Capacity Charles Lee Earnhart, in His Individual and Official Capacity Joseph Flecher, in His Individual and Official Capacity (d.c. Civil No. 97-Cv-00292). Aliya Tate v. Barry Whetzel, in His Individual Capacity Shirley Robinson, in Her Individual and Official Capacity Robert Liggett, in His Individual and Official Capacity Youth Development Center at New Castle John Doe, in His/her Individual and Official Capacity, Nora Burley, in Her Individual and Official Capacity Nick Pihiou, in His Individual and Official Capacity (d.c. Civil No. 97-Cv-00313)Court of Appeals for the Third Circuit · 2001
- Smith v. Bell Telephone Co.Supreme Court of Pennsylvania · 1959
- Gilbert v. Korvette's Inc.Supreme Court of Pennsylvania · 1974
- Kuisis v. Baldwin-Lima-Hamilton Corp.Supreme Court of Pennsylvania · 1974
- Commonwealth v. ChambersSupreme Court of Pennsylvania · 1991
21 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Shafer Electric & Construction v. MantiaSupreme Court of Pennsylvania · 2014
- Reott v. Asia Trend, Inc.Superior Court of Pennsylvania · 2010
- Rost, Richard, M., Exec. v. Ford Motor Co., Aplt.Supreme Court of Pennsylvania · 2016
- Commonwealth v. DiodoroSupreme Court of Pennsylvania · 2009
- B.S. Mitchell v. M.M. MilburnCommonwealth Court of Pennsylvania · 2018
21 more not listed; retrieve them via the Exa API.