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
