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Harnish v. Children's Hospital Medical Center

Massachusetts Supreme Judicial Court

439 N.E.2d 240 (1982)

Torts
Relevant factsFree

Harnish (plaintiff) had a tumor removed at Children's Hospital (defendant), and during surgery the surgeon severed a nerve, causing her to lose tongue function. Harnish sued for medical malpractice, claiming she was never told of the risk of tongue injury before consenting to the surgery. The trial court found her proof inadequate and ruled for the hospital.

IssueFree

Whether a physician satisfies informed-consent requirements by disclosing only the information customarily disclosed by physicians in similar circumstances.

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