ELEY v. BROOKLYN CUMBERLAND MED. CTR.


55 A.D.2d 925 (1977)

Wayne Eley, an Infant, by His Mother Mary J. Eley, et al., Respondents, v. Brooklyn Cumberland Medical Center, Defendant, and Robert T. Potter, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 24, 1977


Judgment affirmed insofar as appealed from, with costs.

In our opinion, sufficient evidence was adduced at the trial to justify a determination by the jury that the defendant surgeon, before performing open heart surgery upon the infant plaintiff, failed to advise the parents about the dangers of postoperative embolism and brain, heart, or lung damage, and that, had they been informed of such risks, they would not have consented to...

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