Legal Opinion

Johnson v. Staten Island Medical Group

Appellate Division of the Supreme Court of the State of New York

Decided March 1, 2011PublishedCited by 19 opinions

1Opinion of the Court

*709Public Health Law § 2805-d (1) defines lack of informed consent as “the failure of the person providing the professional treatment ... to disclose to the patient such alternatives thereto and the reasonably foreseeable risks and benefits involved as a reasonable medical, dental or podiatric practitioner under similar circumstances would have disclosed, in a manner permitting the patient to make a knowledgeable evaluation.” To establish a cause of action sounding in lack of informed consent, a plaintiff must establish that “a reasonably prudent person in the patient’s position would not have…

2Cases cited11 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Hylick v. HalweilAppellate Division of the Supreme Court of the State of New York · 1985
  3. Thompson v. OrnerAppellate Division of the Supreme Court of the State of New York · 2007
  4. Bernard v. BlockAppellate Division of the Supreme Court of the State of New York · 1991
  5. Flores v. Flushing Hospital & Medical CenterAppellate Division of the Supreme Court of the State of New York · 1985

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3Cited by19 opinions

  1. Pirri-Logan v. PearlAppellate Division of the Supreme Court of the State of New York · 2021
  2. Khosrova v. WestermannAppellate Division of the Supreme Court of the State of New York · 2013
  3. Guctas v. PessolanoAppellate Division of the Supreme Court of the State of New York · 2015
  4. Zapata v. BuitriagoAppellate Division of the Supreme Court of the State of New York · 2013
  5. Matos v. SchwartzAppellate Division of the Supreme Court of the State of New York · 2013

14 more not listed; retrieve them via the Exa API.

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