Radinovic v. Abraham

FINKELHOR, J.,

The above medical malpractice action was before the court en banc on plaintiff’s motion for a new trial from a jury verdict in favor of defendant M. R. Hadley, M.D. The issues before the court en banc are: (1) whether the trial judge erred in giving to the jury an “informed consent” charge and, (2) whether the charge itself was in accordance with Pennsylvania law.1

It is well settled in this Commonwealth that error in the court charge to which exception has been noted is grounds for a new trial: Vanic v. Ragni, 435 Pa. 26, 254 A. 2d 618 (1969); Davis v. Liberto, 240 Pa. Superior…