Practice point: Plaintiff must prove that no reasonable person, if fully informed, would consent to the treatment, and that the treatment proximately caused the injury.
Student note: Pursuant to CPLR 4401-a, a prima facie claim requires expert testimony establishing that the disclosed information about the procedure's inherent risks was qualitatively insufficient.
Case: Evart v. Park Ave. Dept. 2011
Monday's issue: Administrative hearings.
