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New York State Appellate Division, Second Department, Denies Dentists Summary Judgment in Malpractice Case

The Appellate Division, Second Department of the New York State Supreme Court has issued a ruling in a dental malpractice case -- Godel v. Goldstein -- denying summary judgment to the defendant dentists on a claim of lack of informed consent and extraction of the wrong tooth.  The court held that the dentists merely producing a signed informed consent form for extracting tooth #4 was insufficient for summary judgment when the patient believed tooth #2 was to be extracted.  The case illustrates the principle that informed consent is not established only from signed patient consent forms, but requires looking at the totality of the circumstances of communication with a patient.  To read the complete court opinion, use the link below.