Spencer v. Goodill

BERGER, Justice:

In this appeal, we consider the extent to which a plaintiff must prove causation to succeed in a medical negligence action based on lack of informed consent. Delaware’s informed consent statute codifies a health care provider’s duty to provide a patient with certain information about the alternatives and risks of a proposed treatment. A health care provider breaches that duty if it fails to provide information that would be material to the patient’s decision to undergo the proposed treatment. If the treatment is not successful, and the complication is one that should have been…