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SPAR v. JIN S. CHA

No. 45A05-0611-CV-683.

881 N.E.2d 70 (2008)

Brenda SPAR, Appellant-Plaintiff, v. JIN S. CHA, M.D., Appellee-Defendant.

Court of Appeals of Indiana.

February 20, 2008.

Attorney(s) appearing for the Case

Steven L. Langer, Tara M. Wozniak, Langer & Langer, Valparaiso, IN, Timothy J. Kennedy, Montross Miller Muller Mendelson & Kennedy, Indianapolis, IN, Attorneys for Appellant.

Robert D. Brown, Spangler, Jennings & Dougherty, P.C., Merrillville, IN, Attorney for Appellee.

OPINION

MAY, Judge.

Brenda Spar brought a malpractice action against Dr. Jin S. Cha, alleging he was negligent in treating her and in failing to obtain her informed consent. The jury rendered a verdict for Dr. Cha, from which Spar now appeals. Concluding Dr. Cha should not have been permitted to assert the defense of incurred risk or introduce evidence of Spar's consent to prior unrelated surgeries, we reverse and remand for a new trial.

FACTS AND...

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