Legal Opinion
Orphan v. Pilnik
New York Court of Appeals
Decided November 23, 2010PublishedCited by 45 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
To succeed in a medical malpractice cause of action premised on lack of informed consent, a plaintiff must demonstrate that (1) the practitioner failed to disclose the risks, benefits and alternatives to the procedure or treatment that a reasonable practitioner would have disclosed and (2) a reasonable person in the plaintiffs position, fully informed, would have elected not to undergo the procedure or treatment (see Public Health Law § 2805-d [1], [3]). Expert medical testimony is required to…
2Cases cited1 opinion
- Ferluckaj v. Goldman Sachs & Co.New York Court of Appeals · 2009
3Cited by45 opinions
- I.M. v. United StatesDistrict Court, S.D. Illinois · 2019
- Thaw v. North Shore University HospitalAppellate Division of the Supreme Court of the State of New York · 2015
- GRAY, EVELYN M. v. WILLIAMS, M.D., ASTON B.Appellate Division of the Supreme Court of the State of New York · 2013
- Quinn ex rel. estate of E.Q. v. United StatesDistrict Court, N.D. New York · 2013
- Harris v. Saint Joseph's Medical CenterAppellate Division of the Supreme Court of the State of New York · 2015
40 more not listed; retrieve them via the Exa API.