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FITZPATRICK v. NATTER

No. 1 EAP 2007.

961 A.2d 1229 (2008)

Carol FITZPATRICK and Thomas Fitzpatrick, H/W, Appellants v. Howard NATTER, M.D., Meadowbrook Neurology, Michael Munz, M.D., and the Brain and Spine Institute at Temple University Hospital, Appellees.

Supreme Court of Pennsylvania.

Decided December 17, 2008.

Attorney(s) appearing for the Case

Jonathan Wheeler, Esq., Allan H. Gordon, Esq., Kolsby, Gordon, Robin, Shore & Bezar, P.C., Philadelphia, for Carol Fitzpatrick and Thomas Fitzpatrick, h/w.

George Gerasimos Rassias, Esq., Curran & Rassias, L.L.P., Media, for amicus curiae Pennsylvania Trial Lawyers Association.

E. Chandler Hosmer, III, Esq., Kimberly A. Boyer-Cohen, Esq., Marshall, Dennehey, Warner, Coleman & Goggin, P.C., King of Prussia, for Michael Munz, M.D.

Robert B. Hoffman, Esq., Wolf, Block, Schorr and Solis-Cohen, L.L.P., for amicus curiae Pennsylvania Medical Society.

BEFORE: CAPPY, C.J., and CASTILLE, SAYLOR, EAKIN, BAER, BALDWIN and FITZGERALD, JJ.

OPINION

Chief Justice CASTILLE.

The primary issue in this appeal is whether a patient, seeking to prove a lack of informed consent claim in a medical malpractice case, may rely solely upon circumstantial evidence to demonstrate that the information that the physician allegedly failed to disclose would have been a substantial factor in the patient's decision to undergo the procedure. Specifically, we consider whether the substantial factor element...

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