JEFFRIES v. McCAGUE


242 Pa.Super. 76 (1976)

363 A.2d 1167

Lucian JEFFRIES and Virginia M. Jeffries, his wife v. N.J. McCAGUE, M.D., Appellant, and C.C. Altman, M.D., Individually and trading and doing business as Altman and McCague.

Superior Court of Pennsylvania.

Decided September 27, 1976.


Attorney(s) appearing for the Case

John W. Jordan, IV, Pittsburgh, for appellant.

John A. DeMay, Pittsburgh, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


HOFFMAN, Judge:

Plaintiff-appellee filed an action in trespass against defendant-appellant, a urologist, for failure to obtain appellee's informed consent before he performed a prostatectomy on appellee. Based on the pleadings, appellant's deposition, and appellee's affidavit, the lower court granted appellee's motion for a summary judgment. We agree with appellant's contention that the summary judgment was improperly granted and, therefore, we reverse.

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