Legal Opinion

Shkolnik v. Hospital for Joint Diseases Orthopaedic Institute

Appellate Division of the Supreme Court of the State of New York

Decided May 30, 1995PublishedCited by 18 opinions

1Opinion of the Court

OPINION OF THE COURT

Williams, J.

The issue on this appeal, a question previously undecided by this Court, is whether a referring physician may be held liable for failing to obtain a patient’s informed consent where that informed consent was obtained by the treating physician to whom the patient was referred. It is our holding that where an informed consent is obtained by the treating physician, the failure to do so by the referring physician is not a basis for liability.

This matter arose when the plaintiff, Monica Shkolnik, sought treatment from defendants Dr. Krinick and Seaport Orthopaedics…

2Cases cited7 opinions

  1. Spinosa v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 1991
  2. Hylick v. HalweilAppellate Division of the Supreme Court of the State of New York · 1985
  3. Bernard v. BlockAppellate Division of the Supreme Court of the State of New York · 1991
  4. Brandon v. KarpAppellate Division of the Supreme Court of the State of New York · 1985
  5. Nisenholtz v. Mount Sinai HospitalNew York Supreme Court · 1984

2 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Domaradzki v. Glen Cove Ob/Gyn AssociatesAppellate Division of the Supreme Court of the State of New York · 1997
  2. Koapke v. HerfendalNorth Dakota Supreme Court · 2003
  3. O'NEAL v. HammerHawaii Supreme Court · 1998
  4. Beard v. Brunswick Hospital Center, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  5. Niehaus v. DurraniOhio Court of Appeals · 2023

13 more not listed; retrieve them via the Exa API.

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