Logourl black
From our private database of 14,200+ case briefs...

Largey v. Rothman

Supreme Court of New Jersey
540 A.2d 504 (1988)


Facts

After a mammogram revealed a mass in her breast and enlarged lymph nodes, Janice Largey (plaintiff) met with a surgeon, Donald Rothman (defendant). Rothman recommended a biopsy, which Largey agreed to. During the procedure, Rothman extracted a piece of the mass and excised the nodes. Both proved benign. Approximately six weeks later, Largey developed lymphedema, swelling caused by poor drainage brought about by the excision of her lymph nodes. Largey sued Rothman in a New Jersey court, alleging negligence and battery. Her negligence claim was based on Rothman’s failure to warn Largey about the possible risk of lymphedema and, accordingly, Rothman’s failure to obtain informed consent to excise the nodes. In his defense, Rothman argued that because the risk of lymphedema was so small, he was not required to disclose it. The trial court instructed the jury that Rothman obtained informed consent if he gave Largey information that reasonable physicians under similar circumstances would have given to patients undergoing the same procedure. A jury decided in favor of Rothman. The Appellate Division affirmed, citing Kaplan v. Haines, 96 N.J. Super. 242 (App. Div. 1967), aff’d, 51 N.J. 404 (1968). Largey appealed, challenging the issue of informed consent.

Rule of Law

Issue

Holding and Reasoning

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 241,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.