False answers to a patient’s questions about a surgeon’s competence, experience and expertise may provide the basis for a lack of informed consent claim, the Superior Court has ruled in a case of first impression.

“A surgeon who, when answering a patient’s inquiries, misinforms the patient about this information and misleads the patient into believing that the hands of an experienced surgeon will be performing the operation, does not have the true consent of that patient,” Judge Joseph A. Del Sole, joined by Judge Correale F. Stevens, wrote in Duttry v. Patterson.