Goodreau v. State

Judgment unanimously reversed on the law without costs and claim dismissed. Memorandum: We conclude that, on the facts of this case, claimant has not proven his claim. To establish a cause of action based on lack of informed consent, the patient must prove: (1) that the physician did not fully inform him of the various alternatives and their risks; and (2) that a reasonably prudent person, fully informed, would not have consented to the treatment (Dries v Gregor, 72 AD2d 231, 236; Fogal v Genesee Hosp., 41 AD2d 468, 473). Plaintiff was diagnosed as having lymphocytic lymphosarcoma of the…