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LAMBERT v. PARK

No. 78-1162.

597 F.2d 236 (1979)

Anna L. LAMBERT, Plaintiff-Appellant, v. John H. PARK, M.D., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided April 25, 1979.

Attorney(s) appearing for the Case

John M. Merritt, Oklahoma City, Okl., for plaintiff-appellant.

Calvin W. Hendrickson and Nancy C. Laughlin of Pierce, Couch, Hendrickson, Johnson & Baysinger, Oklahoma City, Okl., for defendant-appellee.

Before BARRETT, DOYLE and McKAY, Circuit Judges.

McKAY, Circuit Judge.

The problem this diversity case presents is whether the doctrine of "informed consent"1 in medical malpractice cases is a part of Oklahoma law. If it is, we must decide whether the trial court erred in not instructing the jury on "informed consent" in light of the evidence introduced at trial. It is clear that the law of Oklahoma is in flux and that we have no unambiguous guidance in Oklahoma case law on whether the...

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