United States First Circuit

Under Mass. informed consent law, if a risk to the baby or to its mother is material to the patient-mother's decision as to birth method, the doctor has a duty to disclose that risk; here, because the district court applied incorrect legal standards in the bench trial of plaintiffs' medical malpractice claims, judgment in defendants' favor reversed and remanded.

Appellate Information

• Decided 04/01/2002
• Published 04/01/2002

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, LYNCH and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Adam R. Satin, with whom Andrew C. Meyer, Jr., William J. Thompson, and Lubin & Meyer, P.C., were on brief, for appellant.


• For Appellees:
  
• Mary Elizabeth Carmody, Assistant U.S. Attorney, with whom James B. Farmer, United States Attorney, were on brief, for appellee.