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Chapman v. State

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 4, 1983
97 A.D.2d 975 (N.Y. App. Div. 1983)

Opinion

November 4, 1983

Appeal from the Court of Claims, Lowery, J.

Present — Hancock, Jr., J.P., Callahan, Denman, Boomer and Moule, JJ.


Judgment unanimously affirmed, without costs. Memorandum: On review of the record we find ample evidence supporting the conclusions of the trial court that: (1) Dr. Parker's decision to proceed with surgery (i.e., a right thoracotomy, possible lobectomy) without conducting additional diagnostic tests (i.e., an additional purified protein derivative [PPD] test, a sputum test and a bronchoscopic examination) was not a departure from accepted standards of medical care; and (2) claimant did not establish lack of informed consent based on Dr. Parker's failure to discuss these further diagnostic procedures as alternatives to surgery. The evidence establishes that prior to the surgery it was reasonable to conclude that none of said tests would have been productive. We agree, therefore, with the court's statement in its decision: "Hence, we cannot find that a reasonable medical practitioner would have advised the claimant that further testing was a viable option."


Summaries of

Chapman v. State

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 4, 1983
97 A.D.2d 975 (N.Y. App. Div. 1983)
Case details for

Chapman v. State

Case Details

Full title:CHARLES CHAPMAN, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 4, 1983

Citations

97 A.D.2d 975 (N.Y. App. Div. 1983)

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