Lombardo v. Borsky

The opinion of the court was delivered by

STERN, J.A.D.

Plaintiff appeals from an order dismissing her complaint against defendants, Martin Borsky, M.D., and St. Peter’s Medical Center, alleging the failure to obtain informed consent before Dr. Borsky implanted an experimental intraocular lens into plaintiffs right eye.1 The order was entered after a “Lopez hearing.” See Lopez v. Swyer, 62 N.J. 267, 300 A.2d 563 (1973). The trial judge “concluded that as of January 1988 at the latest, the plaintiff was aware of sufficient facts which would alert a reasonable person that the conduct of third…