Smolen v. Pen Fa Lee

In an action to recover damages for medical malpractice and for lack of informed consent, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Ruskin, J.), dated July 28, 1983, which, upon a jury verdict in favor of the defendant, dismissed the complaint.

Judgment affirmed, with costs.

We have examined the record and agree with the trial court that there was no expert testimony or other evidence presented at trial which could support a finding that defendant aggravated a preexisting condition as a result of his alleged negligent course of treatment of plaintiff.…