Legal Opinion
James v. Greenberg
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 2008PublishedCited by 2 opinions
1Opinion of the Court
*850The trial court erred in granting that branch of the defendant’s motion which was pursuant to CPLR 4401 for judgment as a matter of law dismissing the cause of action to recover damages based on lack of informed consent. To succeed on a cause of action to recover damages for lack of informed consent, a plaintiff must establish, inter alia, that a reasonably prudent person in the plaintiffs position would not have undergone the surgery if he or she had been fully informed of the reasonably foreseeable risks, benefits, and alternatives to the surgery (see Public Health Law § 2805-d [3]; Innucci…
2Cases cited6 opinions
- Lipsius v. WhiteAppellate Division of the Supreme Court of the State of New York · 1983
- Dooley v. SkodnekAppellate Division of the Supreme Court of the State of New York · 1988
- Bryan v. Staten Island University HospitalAppellate Division of the Supreme Court of the State of New York · 2008
- Alberti v. St. John's Episcopal Hospital-SmithtownAppellate Division of the Supreme Court of the State of New York · 1986
- Osorio v. BraunerAppellate Division of the Supreme Court of the State of New York · 1997
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- GRAY, EVELYN M. v. WILLIAMS, M.D., ASTON B.Appellate Division of the Supreme Court of the State of New York · 2013
- Figueroa-Burgos v. BieniewiczAppellate Division of the Supreme Court of the State of New York · 2016