Thursday, June 20, 2019
Two days ago, the Pennsylvania Supreme Court ruled that evidence of risks and complications associated with surgical procedures can be admissible in medical malpractice cases. The concern was that jurors would mistake such evidence for informed consent, evidence of which has been held inadmissible in cases in which plaintiffs are not alleging an informed consent violation. Whether evidence of risks and complications is relevant is a case-by-case inquiry:
[Justice Debra] Todd said, “risks and complications evidence may assist the jury in determining whether the harm suffered was more or less likely to be the result of negligence. Therefore, it may aid the jury in determining both the standard of care and whether the physician’s conduct deviated from the standard of care. We recognized as much in Brady.”
The Legal Intelligencer has the story.