Muchler v. Penwarden

Full title: PAUL MUCHLER, Respondent, v. BRENTON PENWARDEN, Appellant

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

Date published: Sep 30, 1994

207 A.D.2d 977 (N.Y. App. Div. 1994)

617 N.Y.S.2d 87

Opinion

September 30, 1994

Appeal from the Supreme Court, Steuben County, Bradstreet, J.

Present — Denman, P.J., Green, Balio, Doerr and Boehm, JJ.

Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendant's motion to dismiss the second cause of action. The allegation that defendant failed to inform plaintiff of the risks associated with the use of the prescribed medications Thorazine and Sinemet could support plaintiff's right to recover for medical malpractice based on a lack of informed consent (see, Public Health Law § 2805-d; Marchione v State of New York, 194 A.D.2d 851; Dooley v. Skodnek, 138 A.D.2d 102).