The Seminal Case: Culbertson v. Mernitz
In 1992, the Indiana Supreme Court addressed whether a “reasonably prudent physician” or “reasonably prudent patient” standard is controlling in medical malpractice cases concerning informed consent, and whether expert testimony is required to prove informed consent. The Culbertson majority adopted the “reasonably prudent physician” standard stating that except where deviation from the standard of care is commonly known, expert testimony is necessary to prove informed consent. However, the dissent advocated for a “reasonably prudent patient” standard, which requires medical expertise to determine the risks of a procedure but not to determine the materiality of a particular risk to a patient.
Even though the content of the above Rothberg Logan & Warsco LLP Legal Alert is primarily informative, state and federal law obligates us to inform you that THIS IS AN ADVERTISEMENT. You have received this advisory because you are a client or friend of the firm. Services may/will be performed by others.
The Legal Alert is for general information purposes only, and is not intended as legal, tax or accounting advice or as recommendations to engage in any specific transaction and does not purport to be comprehensive. Under no circumstances should any information contained in this Legal Alert be used or considered as an offer or commitment, or a solicitation of an offer or commitment, to participate in any particular transaction or strategy. Any reliance upon any such information is solely and exclusively at your own risk. Please consult your own counsel, accountant or other advisor regarding your specific situation. Rothberg Logan & Warsco LLP will not be responsible for any consequences of reliance upon any opinion or statement contained here, or any omission.