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Alysse Cooper, A Minor, By and Through Her Parent and Natural Guardian v. Lankenau Hospital; Sharon Nemser-Rudo

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
v.
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

Per curiam.

ORDER

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?

20110310

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