New York Court of Appeals

Joan Orphan v. Samuel Pilnik, M.D.

November 23, 201015 N.Y.3d 907

Summary

The New York Court of Appeals affirmed the Appellate Division's order granting summary judgment to the physician. The court held that the plaintiff failed to show a triable issue of fact that the physician did not disclose a material risk and that a fully informed reasonable person would have declined the procedure. Accordingly, the motion for summary judgment was properly granted.