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SHKOLNIK v. JOINT DISEASES

211 A.D.2d 347 (1995)

Monica Shkolnik, Respondent, v. Hospital for Joint Diseases Orthopaedic Institute et al., Defendants, and Ronald M. Krinick et al., Appellants

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

May 30, 1995

Attorney(s) appearing for the Case

Lori Ann Marano of counsel (Jacqueline Mandell on the brief; Schiavetti, Geisler, Corgan, Soscia, DeVito, Gabriele & Nicholson, attorneys), for appellants.

Jack S. Dweck of counsel (Richard A. Hubell and Stuart M. Dweck on the brief; Feiden Dweck & Sladkus, attorneys), for respondent.

MURPHY, P. J., ROSENBERGER and NARDELLI, JJ., concur.

WILLIAMS, J.

The issue on this appeal, a question previously undecided by this Court, is whether a referring physician may be held liable for failing to obtain a patient's informed consent where that informed consent was obtained by the treating physician to whom the patient was referred. It is our holding that where an informed consent is obtained by the treating physician, the failure to do so by the referring...

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