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OSORIO v. BRAUNER

242 A.D.2d 511 (1997)

662 N.Y.S.2d 488

Carlos Osorio et al., Respondents, v. Gary J. Brauner, Appellant

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

September 30, 1997

Plaintiff's testimony that he would not have agreed to the tattoo removal operation if he had been fully informed of the possibility of hypertrophic scarring was sufficient to present a question of fact requiring the jury to assess the risks and benefits of the operation, and then to determine whether a reasonably prudent person would not have agreed to the operation (see, Dooley v Skodnek, 138 A...

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