To establish the cause of action, a plaintiff must prove (1) that the treatment provider unreasonably failed to disclose alternatives and foreseeable risks; (2) that a reasonably prudent patient, if fully informed, would not have undergone the treatment; and (3) that the lack of informed consent is a proximate cause of the injury.
Gilmore v. Mihail, NY Slip Op 05647 (2d Dep't July 17, 2019)
Here is the decision.
