Torts · MBE-tested
Alysse COOPER, a Minor, by and through her Parent and Natural Guardian Denise Cooper; and Denise Cooper, Individually, Petitioners v. LANKENAU HOSPITAL; Sharon Nemser-Rudo, M.D.; Benjamin Montgomery, M.D.; Eric Carlson, M.D.; and Main Line Health, Inc., Respondents
15 A.3d 428·Supreme Court of Pennsylvania·2011·PA
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Opinion
Alysse COOPER, a Minor, by and through her Parent and Natural Guardian Denise Cooper; and Denise Cooper, Individually, Petitioners v. LANKENAU HOSPITAL; Sharon Nemser-Rudo, M.D.; Benjamin Montgomery, M.D.; Eric Carlson, M.D.; and Main Line Health, Inc., Respondents.
Supreme Court of Pennsylvania.
March 10, 2011.
[MAJORITY — PER CURIAM.]
ORDER
PER CURIAM.
AND NOW, this 10th day of March 2011, the Petition for Allowance of Appeal is LIMITED GRANTED. The issue, rephrased for clarity, is:
(a) Is it error for a trial court to require the patient in a medical lack-of-consent case to prove the elements of actual battery, including the doctor’s mens rea or intent to cause harm?