Jeffries v. McCague

HOFFMAN, Judge:

Plaintiff-appellee filed an action in trespass against defendant-appellant, a urologist, for failure to obtain ap-pellee’s informed consent before he performed a pros-tatectomy on appellee. Based on the pleadings, appellant’s deposition, and appellee’s affidavit, the lower court granted appellee’s motion for a summary judgment. We agree with appellant’s contention that the summary judgment was improperly granted and, therefore, we reverse.

On August 22, 1973, appellee consulted appellant when appellee experienced acute urinary retention. Appellant relieved appellee’s condition…