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NJ Doctor Keeps Trial Win In Suit Over Patient's Consent

Law360 (February 14, 2019, 8:16 PM EST) -- A New Jersey state appeals court affirmed a defense verdict in a suit alleging a doctor failed to obtain a patient's informed consent before removing his appendix and a portion of his colon, finding that the trial judge did not give improper jury instructions on the issue.

A three-judge Superior Court Appellate Division panel denied a bid for a new trial in a suit accusing Dr. Hung Nguyen of performing an appendectomy and hemicolectomy on Michael Smith without obtaining the patient’s informed consent.

Smith had gone to an emergency room with abdominal pain and while Nguyen was performing a diagnostic procedure in...

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