Mello v. Cohen

Plaintiff appeals the superior court’s grant of defendants’ summary judgment motion in this medical malpractice action based on lack of informed consent. He claims the court erred in ruling that expert testimony was required to proceed to trial, thereby denying him his constitutional rights to a remedy and to a jury trial. We affirm.

Plaintiff asserts that defendant Cohen failed to obtain his informed consent before removing a tongue lesion. Some facts are undisputed. Plaintiff’s family physician referred him to Cohen for a consultation concerning the lesion. Upon examination and in light of…