GIAMMARINO v. CARLO

2014-10153, 2015-00696, Index No. 100870/11.

144 A.D.3d 1086 (2016)

2016 NY Slip Op 08044

42 N.Y.S.3d 279

STEVEN GIAMMARINO, Appellant, v. JOHN M. CARLO, DDS, Respondent.

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

Decided November 30, 2016.


Ordered that the judgment and the order are affirmed, with one bill of costs.

To demonstrate a lack of informed consent, the plaintiff was required to establish, in the first instance, that the defendant failed to disclose the risks, benefits, and alternatives to the surgery which a reasonable medical practitioner under similar circumstances would have disclosed, in a manner permitting the plaintiff to make a knowledgeable evaluation (see Public Health Law...

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