Legal Opinion
Bellier v. Bazan
New York Supreme Court
Decided July 20, 1984PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Gerard M. Weisberg, J.
Is it proper to charge the defense of plaintiff’s culpable conduct (CPLR 1411) to a cause of action for medical malpractice based on lack of informed consent (Public Health Law, § 2805-d)? This question arises in the context of a motion to set aside a portion of a jury verdict.
The plaintiff Collette R. Bellier brought an action against Dr. Carlos Bazan, a plastic surgeon, following a breast reduction procedure that the doctor performed on her. Inter alia, severe and unnecessary scarring and discomfort were alleged.
The case was submitted on two…
2Cases cited10 opinions
- Spier v. BarkerNew York Court of Appeals · 1974
- Dries v. GregorAppellate Division of the Supreme Court of the State of New York · 1980
- Curry v. MoserAppellate Division of the Supreme Court of the State of New York · 1982
- Dunn v. Catholic Medical Center of Brooklyn & Queens, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
- Quinones v. Public AdministratorAppellate Division of the Supreme Court of the State of New York · 1975
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3Cited by4 opinions
- Baez v. DombroffAppellate Division of the Supreme Court of the State of New York · 1988
- Barakakos v. AvelliniAppellate Division of the Supreme Court of the State of New York · 1992
- H.W.R. Fashions, Inc. v. Gasoline Installers, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Lynn G. v. HugoAppellate Division of the Supreme Court of the State of New York · 2000