Legal Opinion
Pagan v. State
New York Court of Claims
Decided May 23, 1984No. Claim No. 65722PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Gerard M. Weisberg, J.
Claimant, Genoveva C. Pagan, has brought an action against the defendant, the State of New York, for negligence and medical malpractice. Her bill of particulars alleges, in addition to various departures from good medical practice, that defendant’s agents failed to obtain the informed consent of claimant’s decedent prior to the performance of certain unspecified medical procedures. The question, therefore, arises whether this cause of action should have been separately pleaded in the claim. (CPLR 3014.)
The action for lack of informed consent has its…
2Cases cited5 opinions
- Pike v. . HonsingerNew York Court of Appeals · 1898
- Dries v. GregorAppellate Division of the Supreme Court of the State of New York · 1980
- Murriello v. CrapottaAppellate Division of the Supreme Court of the State of New York · 1976
- Darrah v. KiteAppellate Division of the Supreme Court of the State of New York · 1969
- Garone v. Roberts' Technical & Trade School, Inc.Appellate Division of the Supreme Court of the State of New York · 1975
3Cited by4 opinions
- Naughright v. WeissDistrict Court, S.D. New York · 2011
- Naughright v. WeissDistrict Court, S.D. New York · 2012
- Bellier v. BazanNew York Supreme Court · 1984
- Barakakos v. AvelliniAppellate Division of the Supreme Court of the State of New York · 1992