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SPENCER v. GOODILL

No. 411, 2010.

17 A.3d 552 (2011)

Lashanda SPENCER, As Administratrix of the Estate of Muriel Stewart, and Lashanda Spencer, Individually, Plaintiff Below, Appellant, v. John GOODILL, M.D., Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: April 6, 2011.

Attorney(s) appearing for the Case

Kenneth M. Roseman, Esquire , (argued) of Kenneth Roseman, PA., Wilmington, Delaware, for Appellant.

Bradley J. Goewert, Esquire , (argued) and Lorenza A. Wolhar, Esquire , of Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, Delaware, for Appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en Banc.

BERGER, Justice:

In this appeal, we consider the extent to which a plaintiff must prove causation to succeed in a medical negligence action based on lack of informed consent. Delaware's informed consent statute codifies a health care provider's duty to provide a patient with certain information about the alternatives and risks of a proposed treatment. A health care provider breaches that duty if it fails to provide information that would be material to the patient...

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