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PETTERSON v. LYNCH

59 Misc.2d 469 (1969)

Mary Petterson et al., Plaintiffs, v. George D. Lynch, Defendant.

Supreme Court, Erie County.

April 17, 1969

Attorney(s) appearing for the Case

J. Vaughan Millane, Jr., for plaintiffs. Brownstein, Canale, Madden & Brownstein (Howard V. Burke of counsel), for defendant.

FRANK J. KRONENBERG, J.

Plaintiffs herein, having abandoned their claim based upon malpractice, seek to proceed on the theory of "informed consent".

The gist of the "informed consent" theory of liability is that a physician is under a duty in certain circumstances to warn his patient of the known risks of proposed treatment so that the patient will be in a position to make an intelligent decision as...

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