COOPER v. LANKENAU HOSPITAL, 649 MAL 2010 (Pa. 3-10-2011)

15 A.3d 428

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.

No. 649 MAL 2010.Supreme Court of Pennsylvania, Middle District.
March 10, 2011.

Petition for Allowance of Appeal from the Order of the Superior Court.

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?

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