Poreba-Gier v. Suddaby

Summary

The New York Appellate Division, Fourth Department, affirmed an order granting the defendant physician leave to renew his summary judgment motion and dismissing a medical malpractice and lack of informed consent action. The court held that the defendant established that any lack of informed consent was not a proximate cause of the plaintiff's injuries and that the plaintiffs failed to raise a triable issue of fact.

Holdings

1. A lack-of-informed-consent claim fails when the actual procedure performed was not a proximate cause of the plaintiff's injury. Defendant established that plaintiff sustained no injury from the paddle-lead-stimulator implantation and that her later pain resulted from her underlying back condition, not the surgery.
2. Plaintiffs failed to raise a triable issue of fact in opposition to defendant's showing that the procedure caused no injury; summary judgment dismissing the complaint was therefore proper.

Questions Presented

1. Whether defendant was entitled to summary judgment dismissing the lack-of-informed-consent cause of action because the alleged lack of informed consent was not a proximate cause of any injury.
2. Whether plaintiffs raised a triable issue of fact in opposition to defendant's renewed motion for summary judgment.

Disposition

affirmed