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CORNFELDT v. TONGEN

No. 49688.

295 N.W.2d 638 (1980)

Jerome CORNFELDT, as trustee for the next of kin of Phyllis Cornfeldt, deceased, Respondent, v. Lyle TONGEN, Appellant.

Supreme Court of Minnesota.

August 8, 1980.

Attorney(s) appearing for the Case

Richards, Montgomery, Cobb & Bassford, Charles A. Bassford, and Kevin P. Keenan, Minneapolis, for appellant.

Robins, Davis & Lyons, John F. Eisberg, St. Paul, Robert M. Wattson, Minneapolis, and Maury S. Landsman, St. Paul, for respondent.

Heard before ROGOSHESKE, PETERSON, and YETKA, JJ., and considered and decided by the court en banc.

ROGOSHESKE, Justice.

Defendant Dr. Lyle Tongen appeals from an order denying his post-trial motions in this action to recover damages for wrongful death due to medical malpractice. On a previous appeal of this case,1 we recognized a cause of action for a physician's negligent failure to obtain a patient's informed consent to medical treatment and reversed and remanded for a new trial. This appeal, following the second trial, raises the...

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