ORPHAN v. PILNIK

43, 15165/02.

66 A.D.3d 543 (2009)

887 N.Y.S.2d 66

2009 NY Slip Op 7476

JOAN ORPHAN, Appellant, v. SAMUEL PILNIK, M.D., et al., Respondents, et al., Defendant.

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

Decided October 20, 2009.


Plaintiff claims that because she was not told that the procedure would result in a 6.5 centimeter scar, she did not give her informed consent to the removal of what turned out to be a benign lump in her right breast.

In support of their motion for summary judgment, defendants presented uncontradicted evidence that, after plaintiff went to her personal physician, Dr. Melvin Weinstein, complaining of a painful lump in her right breast, a mammogram and ultrasound study...

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