Sunday, July 30, 2017
NORMA S. EHRLICH VS. JEFFREY J. SOROKIN, M.D. A-2781-15T3
NORMA S. EHRLICH VS. JEFFREY J. SOROKIN, M.D.
After suffering complications from a colonoscopy and polypectomy procedure, plaintiff filed a medical malpractice complaint against defendant, alleging negligent treatment. Prior to testimony at trial, plaintiff moved in limine to exclude evidence of her informed consent, arguing such evidence was irrelevant because she did not raise a claim for lack of informed consent. The judge denied plaintiff's motion, and the parties discussed the evidence at trial.
In a case of first impression in New Jersey, we follow the principle, adopted by various out-of-state courts, that informed consent evidence is irrelevant and prejudicial when the issue is negligent treatment. Because the error here was not harmless, we reverse the no-cause jury verdict and remand the matter for a new trial.