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Tuesday, July 31, 2012

LAURIE NEWMARK-SHORTINO, ET AL. VS. ANDREI BUNA, M.D.


LAURIE NEWMARK-SHORTINO, ET AL. VS. ANDREI BUNA, M.D. A-0332-10T3

In this medical negligence action where the jury entered a no cause verdict in favor of defendant, we hold the trial court committed reversible error when it failed to submit to the jury plaintiffs' lack of informed consent theory, in addition to their claim of deviation from the standard of care (medical malpractice).  Although the facts supporting each theory of liability were intertwined, the evidence before the jury was sufficient to submit both theories of liability for their verdict.  We reversed and remanded for a new trial based solely upon a claim of lack of informed consent. 07-27-12