MUCHLER v. PENWARDEN


207 A.D.2d 977 (1994)

617 N.Y.S.2d 87

Paul Muchler, Respondent, v. Brenton Penwarden, Appellant

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

September 30, 1994


Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied defendant's motion to dismiss the second cause of action. The allegation that defendant failed to inform plaintiff of the risks associated with the use of the prescribed medications Thorazine and Sinemet could support plaintiff's right to recover for medical malpractice based on a lack of informed consent (see, Public Health Law § 2805-d [2]; Marchione v State of...

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