GERSHBERG v. WOOD-SMITH


279 A.D.2d 424 (2001)

719 N.Y.S.2d 846

BEATRICE GERSHBERG, Appellant, v. DONALD WOOD-SMITH, Respondent.

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

Decided January 30, 2001.


In this medical malpractice action predicated upon lack of informed consent, plaintiff's expert, a neurologist, testified that it was a departure from good medical practice for a doctor, in obtaining a patient's consent to a procedure, not to inform the patient of a risk known by the doctor to be entailed by the procedure, including, as was relevant in the case at bar, the possibility of facial nerve damage. The same expert, however, subsequently admitted that it was not...

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