Atamian v. Assadzadeh,
No. CIV.A. 00-CV-3182 (E.D. Pa. April 9, 2002)

A patient sued a dentist for performing unnecessary and invasive procedures without proper informed consent. The United States District Court, Eastern District Pennsylvania ruled that, because there was no evidence presented that the physician performed the procedures without the patient's consent, the patient would have to provide evidence that the physician failed to advise the patient of material facts, i.e., risks, complications, and alternatives to surgery, which a reasonable person in the patient's position would have considered significant in deciding whether to have the dental surgery. The court further ruled that the patient must present expert testimony to make a prima facie case based on his claim of lack of informed consent. Since no such evidence was produced by the patient, his suit was dismissed with prejudice.