DUNHAM v. WRIGHT

No. 18077.

423 F.2d 940 (1970)

John N. DUNHAM, Administrator of the Estate of Dorothy Louise Sipling, deceased, Appellant, v. Frederick W. WRIGHT and Frederick M. Wright.

United States Court of Appeals, Third Circuit.

Decided March 19, 1970.


Attorney(s) appearing for the Case

Lewis H. Markowitz, Markowitz, Kagen & Griffith, York, Pa., for appellant.

John C. Dowling, Huette F. Dowling, Dowling & Dowling, Harrisburg, Pa., for appellees, (Dowling & Dowling, Harrisburg, Pa., on the brief).

Before FORMAN, SEITZ and ADAMS, Circuit Judges.


OPINION OF THE COURT

ADAMS, Circuit Judge.

Legal-medico jurisprudence requires that a physician obtain the consent of a patient before performing surgery unless the need for such consent is obviated by an emergency which places the patient in immediate danger and makes it impractical to secure such consent.1 This blackletter rule, clear and simple on its face, has occasioned courts in...

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