Bruse v. Brickner

Defendants move to dismiss those causes of action in plaintiffs’ complaint which allege that he suffered damage because of defendants’ failure to obtain an informed consent prior to performing a surgical operation. The motion is made upon the ground that the causes of action are barred by the Statute of Limitations. Defendants urge that the one-year limitation governing actions for assault applies rather than the three-year limitation governing actions for malpractice. In his third and fourth causes of action plaintiff alleges that defendants were negligent in failing to inform plaintiff of…