Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

RUTH SOFAIR v. LEVIN-EPSTEIN

Appellate Division of the Supreme Court of New York, Second Department.
Sep 30, 1996

Ordered that the judgment is affirmed, with costs.

Viewing the evidence in a light most favorable to the plaintiff, and according her the benefit of every reasonable inference ( see, Negri v Stop Shop, 65 NY2d 625, 626), the jury verdict finding lack of informed consent was supported by sufficient evidence ( see, Public Health Law ยง 2805-d, [3]; CPLR 4401-a). The plaintiff adduced sufficient expert testimony regarding the inadequacy of the defendant's warnings regarding the inherent risks of the surgery ( cf., Gonzalez v Moscarella, 142 AD2d 550).

The defendant's remaining contentions are without merit.