The Supreme Court has agreed to decide whether a plaintiff can seek punitive damages because the doctor who performed an operation wasn’t the one the patient was expecting.

The Superior Court has repeatedly held that a cause of action for lack of informed consent to a substitute doctor exists. And the Supreme Court denied allocatur in a case in a similar setting last October after a unanimous Superior Court greenlighted the plaintiffs’ suit alleging lack of informed consent.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]