Legal Opinion
Prooth v. Wallsh
New York Supreme Court
Decided April 2, 1980PublishedCited by 15 opinions
1Opinion of the Court
OPINION OF THE COURT
Bentley Kassal, J.
ISSUE
Which of the several participants in a medical operation have the duty to obtain a patient’s informed consent? The resolution of this question will determine the defendants’ motions to dismiss various causes of action prior to submission to the jury.
FACTS
In this medical malpractice action, the plaintiff sued many parties, including the hospital, his personal treating physician, who is an internist, the chief surgeon, who is a private attending cardiac surgeon, and his assistant surgeon, and a private consulting cardiologist, all for damages for…
2Cases cited9 opinions
- Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
- Toth v. Community HospitalNew York Court of Appeals · 1968
- Fiorentino v. WengerNew York Court of Appeals · 1967
- Fogal v. Genesee HospitalAppellate Division of the Supreme Court of the State of New York · 1973
- Graddy v. New York Medical CollegeAppellate Division of the Supreme Court of the State of New York · 1963
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Spinosa v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 1991
- I.M. v. United StatesDistrict Court, S.D. Illinois · 2019
- Alexander v. GonserCourt of Appeals of Washington · 1985
- In Re Sealed CaseCourt of Appeals for the D.C. Circuit · 1995
- Koapke v. HerfendalNorth Dakota Supreme Court · 2003
10 more not listed; retrieve them via the Exa API.