Largey v. Rothman
Supreme Court of New Jersey
540 A.2d 504 (1988)
Relevant factsFree
Largey (plaintiff) developed lymphedema after Rothman (defendant) excised her lymph nodes during a benign biopsy, without warning her of that risk beforehand; she sued for negligence based on lack of informed consent, and the trial court instructed the jury under the older "professional" standard — whether Rothman disclosed what reasonable physicians would have disclosed under similar circumstances — resulting in a verdict for Rothman that the Appellate Division affirmed.
IssueFree
Whether New Jersey courts should apply the "prudent patient" standard for determining whether informed consent was obtained prior to a medical procedure.