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Breast-implant plaintiffs can recover even when told of risks.

Publication: Trial
Publication Date: 01-MAY-04
Format: Online
Delivery: Immediate Online Access
Full Article Title: Breast-implant plaintiffs can recover even when told of risks.(Pennsylvania)

Article Excerpt
If a doctor informs a patient about certain risks of an operation but not others, the patient can later sue for all the injuries caused by the surgery--including those she was warned about and willing to risk. So Pennsylvania's coordinating court for breast implant litigation has ruled. (In re Silicone Breast Implant Litig., No. GD94-14550 (Pa., Allegheny County Ct. C.P. Feb. 26, 2004).)

In his opinion, Judge R. Stanton Wettick wrote that no Pennsylvania case law directly addresses this question, but that "general principles of law governing lack-of-informed-consent claims and ... damage awards for tortious conduct" support the plaintiffs.

Legally, a...

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