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SANGIUOLO v. LEVENTHAL

132 Misc.2d 680 (1986)

Josephine Sangiuolo, Plaintiff, v. Gerald Leventhal et al., Defendants.

Supreme Court, New York County.

June 30, 1986

Attorney(s) appearing for the Case

Ira H. Newman for plaintiff. Martin, Clearwater & Bell for Gerald Leventhal, defendant. Dwyer, Peltz & Walker (Eliot R. Clauss of counsel), for Jeffrey D. Postman, defendant.

STANLEY L. SKLAR, J.

ISSUE

Does a "substitute" physician, administering part of a course of treatment started by a physician for whom he is covering, have an obligation to advise of the risks, benefits and alternatives of that treatment? This court holds that the substitute has that obligation.

FACTS

On January 30, 1978, Dr. Gerald Leventhal consulted with Ms. Josephine Sangiuolo...

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