Barriocanal v. Gibbs

VEASEY, Chief Justice:

In this appeal of a judgment for the defendant doctor in a medical malpractice case, we consider the requirements for the admissibility of testimony under Delaware’s informed consent statute, 18 Del.C. § 6852. The statute defines the conditions under which an injured party may recover damages from a health care provider based upon lack of informed consent. We conclude that the Superior Court improperly excluded plaintiffs’ proffered testimony that the defendant failed to meet the standard of care for informed consent. Accordingly, we reverse in part the judgment below…