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MONTGOMERY v. BAZAZ-SEHGAL

798 A.2d 742 (2002)

John MONTGOMERY and Marsha Montgomery, his Wife v. Vitasta BAZAZ-SEHGAL, M.D., Executrix of the Estate of Kuldeep Sehgal, M.D., Deceased, Greater Pittsburgh Impotence Center and Aliquippa Hospital, Appeal of Vitasta Bazaz-Sehgal, M.D., Executrix of the Estate of Kuldeep-Sehgal, M.D., Deceased, and Greater Pittsburgh Impotence Center.

Supreme Court of Pennsylvania.

Decided June 18, 2002.

Attorney(s) appearing for the Case

Linton L. Moyer, Templeton Smith, Pittsburgh, for appellants, Vitasta Bazaz-Sehgal, M.D., Executrix of the Estate of Kuldeep Sehgal et al.

Peter J. Pietrandrea, Cranberry Tp., for appellees, John and Marsha Montgomery.

Before FLAHERTY, C.J., ZAPPALA, CAPPY, CASTILLE and SAYLOR, JJ.

OPINION OF THE COURT

Justice CASTILLE.

In this appeal, this Court reaffirms that the doctrine of informed consent, whether involving non-consensual surgery or a lack of informed consent, sounds in battery, not in negligence, despite observations to the contrary in the published Superior Court opinion below. The appeal also presents the question of whether, and when, expert medical testimony is necessary...

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