FIORENTINO v. WENGER


19 N.Y.2d 407 (1967)

Jean Fiorentino, as Administratrix of The Estate of Michael Fiorentino, Deceased, Respondent, v. H. Leslie Wenger, Defendant, and Doctors Hospital, Appellant.

Court of Appeals of the State of New York.

Decided April 20, 1967.


Attorney(s) appearing for the Case

Arnold Davis for appellant.

Malcolm B. Rosow, Louis R. Harolds and Aaron J. Ballen for respondent.

Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING concur.


BREITEL, J.

The principal issue is whether a private proprietary hospital has an obligation to a patient and his family using its facilities to make certain that they have given an informed consent to an unusual, dangerous operation performed by their privately retained surgeon. The trial court and the Appellate Division concluded that the hospital had such an obligation, and, based on the jury's verdict, that...

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