Eppel v. Fredericks

—Judgment, Supreme Court, Richmond County (John Leone, J.), entered on or about June 5, 1991, which, inter alia, dismissed plaintiffs cause of action based on lack of informed consent, unanimously reversed, on the law, to the extent appealed from, and said cause of action for lack of informed consent is reinstated, without costs.

No issues are raised on appeal with respect to the jury’s verdict in favor of defendant regarding defendant’s alleged malpractice in the actual performance of the surgery and his alleged failure to prescribe antibiotics. However, the trial court did not submit the…