Opinion
D048432
5-15-2007
NOT TO BE PUBLISHED
THE COURT:
It is ordered that the opinion filed herein on April 17, 2007, is modified as follows:
1. At page 1, the second sentence of the first paragraph is modified to read:
Reversed and remanded, with directions.
2. At page 2, the third sentence of the first full paragraph is modified to read:
We further conclude that these errors were prejudicial and that we must therefore reverse the judgment and order a retrial of the lack of informed consent claim.
3. At page 6, the last sentence of the first full paragraph of the Discussion section is modified to read:
We also conclude that these errors were prejudicial and that we must therefore reverse the judgment and order a retrial of the lack of informed consent claim.
4. At page11, the disposition is deleted and replaced by the following:
The judgment is reversed and the matter is remanded for a retrial of Luas lack of informed consent claim. Appellant shall recover his costs on appeal.
There is no change in the judgment.
The petition for rehearing is denied.