Feeley v. Baer

(concurring, with whom Lynch, J., joins). I agree that “there was no evidence that pursuing the ‘expectant management’ procedure created more than a negligible risk of serious infection” and that therefore the defendants were entitled to directed verdicts. Ante at 877. I write separately, however, to make clear that I do not subscribe to the notion, apparently accepted by this court and by the Appeals Court (see 41 Mass. App. Ct. 239, 242 [1996]), that the informed consent doctrine articulated in Hornish v. Children’s Hosp. Medical Ctr., 387 Mass. 152 (1982), and Precourt v. Frederick, 395…