Torts Keyed to Goldberg
Largey v. Rothman
Facts
Janice Largey, Plaintiff, did a mammograph and became aware that there was a mass in her breast and enlarged lymph nodes. After this realization, Plaintiff met with a surgeon, Donald Rothman, Defendant. Defendant recommended that Plaintiff do a biopsy, and Plaintiff agreed. While conducting the procedure, Defendant removed a piece of the mass and the nodes. Both procedures proved nonthreatening. Nevertheless, about six weeks later, Plaintiff developed lymphedema, a swelling caused by poor drainage during the removal of her lymph nodes. Plaintiff brought suit against Defendant in a New Jersey court contending Defendant was liable for negligence and battery. The negligence claim was founded on Defendant’s failure to warn her about the probable risk of lymphedema and failure to obtain informed consent to remove the nodes. Defendant asserted a defense by claiming he was not required to disclose the risks because the risk of lymphedema was so small. The trial court instructed the jury that Defendant provided Plaintiff informed consent if he gave Plaintiff the same information that reasonable physicians under similar circumstances would have provided to patients undergoing the same procedure. The jury decided in Defendant’s favor. The appellate court affirmed and cited Kaplan v. Haines, 96 N.J. Super. 242 (App. Div. 1967),aff’d, 51 N.J. 404 (1968). Plaintiff appealed the issue of informed consent.
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