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John L.A. Lyddane John L.A. Lyddane

The fact that a patient may be found to have contributed to a lack of informed consent has been long recognized in the case law of New York, but is underappreciated in current practice. For more than 30 years the courts have recognized that the culpable conduct of the patient will reduce the exposure of the medical practitioner for lack of informed consent. Suria v. Shiffman, 107 A.D.2d 309 (1st Dept. 1985); Tenney v. Bedell, 624 F. Supp. 305 (SDNY 1985); Bellier v. Bazan, 124 Misc.2d 1055 (Sup. Ct. N.Y. Co. 1984).

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