Sargent v. Shaffer

I respectfully concur in result only.

This is a case of first impression. Although KRS 304.40-320 was adopted in March 1976 and became effective in July of that year, this Court has never had occasion to address what effect, if any, the statute has on jury instructions. Nevertheless, this Court’s occasional treatment of the informed consent statute in other contexts has given rise to considerable confusion over the years as to the statute’s import, and has resulted in the current reality where .the leading treatise, 2 Pal-more & Cetrulo, Kentucky Instructions to Juries, Civil, provides an…