The state Supreme Court has ruled that a Montgomery County trial judges jury charge did not instruct the jury that it needed to find intent to harm in order to find that medical battery occurred in a case in which a woman claimed she did not consent to the cesarean section a surgeon performed on her.
The court ruled 5-1 to uphold a Superior Court ruling in Cooper v. Lankenau Hospital, affirming a jury verdict in favor of defendants Lankenau Hospital, Dr. Sharon Nemser-Rudo, Dr. Benjamin Montgomery, Dr. Eric Carlson and Main Line Health Inc.
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