Matthies v. Mastromonaco

The opinion of the court was delivered by

KESTIN, J.A.D.

Plaintiff appeals from a judgment of dismissal entered on a jury verdict of no cause for action, and from the trial court’s denial of her motion for a new trial or for judgment notwithstanding the verdict. We reverse and remand for a new trial.

This is a medical malpractice action. Plaintiff alleges that defendant, an orthopedic surgeon, was negligent in treating a fractured right hip which plaintiff suffered in a fall in her home. Specifically, plaintiff contends, inter alia, that the trial court erred in its rulings on informed consent…