Practice point: To establish a cause of action to recover damages based on lack of
informed consent, a plaintiff must prove (1) that the treatment provider failed to inform the plaintiff of reasonably foreseeable risks associated with the treatment, and alternatives thereto; 2)
that a reasonably prudent plaintiff in the same position would not have
undergone the treatment if he or she had been fully informed; and (3)
that the lack of informed consent is a proximate cause of the plaintiff's injury. Where the plaintiffs and the defendant present divergent expert testimony, it is up to the jury to determine the experts' credibility.
Case: Alessi v. Mucciolo, NY Slip Op 08804 (2d Dep't December 20, 2017)
Here is the decision.
