Justice Joan Lobis
Defendants Mount Sinai Medical Center and Mount Sinai Hospital moved to reargue a prior court decision which denied their motion for summary judgment on plaintiff’s claims alleging medical malpractice and lack of informed consent as genuine issues of material fact remained on whether defendants negligently performed a procedure which allegedly caused decedent to contract a fatal infection. Defendants claimed the court overlooked several points, including that the procedure was medically necessary and the law allegedly required that lack of informed consent be supported by expert medical testimony. The court stated defendants mischaracterized the law to suggest expert testimony must rebut its claim that informed consent was provided. It stated the record amply supported the court’s decision that genuine disputes of material fact precluded summary judgment on plaintiff’s claim for lack of informed consent. The court noted defendants’ contention the procedure was "medically necessary" did not dispel a need for informed consent on "non-emergency" procedures, which was not obtained from decedent. Thus, granting reargument, the court adhered to its prior decision.
