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PROOTH v. WALLSH

105 Misc.2d 603 (1980)

Samuel Prooth et al., Plaintiffs, v. Eugene Wallsh et al., Defendants.

Supreme Court, Trial Term, New York County.

April 2, 1980.

Attorney(s) appearing for the Case

Julien, Schlesinger & Finz, P. C. (Alfred S. Julien, Sybil Shainwald and William D. Fireman of counsel), for plaintiffs. Dwyer, Peltz & Walker (Paul Walker of counsel), for Eugene Wallsh and others, defendants. George S. Pickwick and Camillo Nardelli for Lenox Hill Hospital, defendant.

BENTLEY KASSAL, J.

ISSUE

Which of the several participants in a medical operation have the duty to obtain a patient's informed consent? The resolution of this question will determine the defendants' motions to dismiss various causes of action prior to submission to the jury.

FACTS

In this medical malpractice action, the plaintiff sued many parties, including the hospital, his personal treating physician, who is an internist...

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