Phelps v. Dr. Joseph T. West

Summary

The Supreme Court of Delaware affirmed the trial court's decision to allow the defense expert to testify about informed consent and affirmed the jury's defense verdict. The court held that the expert disclosures and deposition testimony, considered as a whole, gave the plaintiffs adequate notice of the opinions offered at trial, even though they did not use the phrase "informed consent." The court also concluded that the admission of the testimony did not constitute an abuse of discretion or warrant a new trial.