Duttry v. Patterson

DEL SOLE, J.:

¶ 1 This is an appeal from a judgment entered following a jury verdict in favor of defendants-Appellees in a matter brought by Appellants based upon negligence and a failure to obtain informed consent. We vacate the judgment and remand for a new trial on Appellants’ informed consent claim.

¶2 Appellant, Cloma Duttry, was under the care of Lewis T. Patterson, M.D. and Patterson Surgical Associates when she underwent surgery for esophageal cancer. Appellants1 claim that a leak later occurred along the surgical site which developed into a rupture requiring emergency surgery. They…