IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT
March 10, 2011
ALYSSE COOPER, A MINOR, BY AND THROUGH HER PARENT AND NATURAL GUARDIAN DENISE COOPER; AND DENISE COOPER, INDIVIDUALLY, PETITIONERS
LANKENAU HOSPITAL; SHARON NEMSER-RUDO, M.D.; BENJAMIN MONTGOMERY, M.D.; ERIC CARLSON, M.D.; AND MAIN LINE HEALTH, INC., RESPONDENTS
Petition for Allowance of Appeal from the Order of the Superior Court
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?
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