Davis v. Nassau Ophthalmic Services, P. C.

Sullivan, J. dissents

and votes to reverse the judgment appealed from and to dismiss the complaint with the following memorandum: This medical malpractice action was tried in 1995, but was based upon a surgical procedure, radial keratotomy (hereinafter RK), performed on October 18, 1980. The plaintiff commenced the action in December 1982. The complaint set forth four causes of action: (1) failure to provide medically proper treatment, (2) failure to obtain the plaintiff’s informed consent, (3) fraud, and (4) breach of contract. During the subsequent trial, at the close of the plaintiff’s…