Rigie v. Goldman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Thompson, J. P.
In this action based, inter alia, on a lack of informed consent in the removal of an impacted wisdom tooth, we must determine whether evidence of the defendant Dr. Samuel H. Levin’s routine practice of advising patients of the risks associated with that surgical procedure was admissible as circumstantial evidence that he acted in conformity with his routine practice on the date in question. We conclude that the disputed evidence adequately established a frequency of conduct sufficient to be considered habitual. It was, therefore, properly admitted by the…
2Cases cited23 opinions
- Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
- Halloran v. Virginia Chemicals Inc.New York Court of Appeals · 1977
- Ferrer v. HarrisNew York Court of Appeals · 1982
- Fogal v. Genesee HospitalAppellate Division of the Supreme Court of the State of New York · 1973
- Bloskas v. MurraySupreme Court of Colorado · 1982
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3Cited by26 opinions
- Spinosa v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 1991
- Messina v. Alan Matarasso, M.D., F.A.C.S., P. C.Appellate Division of the Supreme Court of the State of New York · 2001
- Rivera v. AnileshNew York Court of Appeals · 2007
- Lounsbury v. CapelCourt of Appeals of Utah · 1992
- Romatowski v. HitzigAppellate Division of the Supreme Court of the State of New York · 1996
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