Feeley v. Baer

Eric Feeley died on October 19, 1987, five days *240after his birth. When his mother brought this action against the physicians responsible for his delivery, the jury found in favor of the defendants. In this appeal from that judgment, the plaintiff claims the judge erred in (1) directing verdicts for the defendants on the issue of informed consent and (2) refusing to allow the plaintiff to proceed on a theory that the defendants’ failure to disclose the risks of treatment constituted negligence. We hold that there was sufficient evidence for the issue of informed consent to present a jury…