1 No. 93
Lynn G. et al.,
Respondents,
v.
Norman Hugo, M.D.,
Appellant.
_________________________________________________________________
2001 NY Int. 68
June 7, 2001
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Steven E. Garry, for appellant.
Morton Povman, for respondents.
American Society of Plastic Surgeons, amicus curiæ.
_________________________________________________________________
CIPARICK, J.:
In this action to recover damages for medical malpractice and lack of
informed consent, we are called upon to decide whether a triable issue
of fact exists to defeat defendant's motion for summary judgment. We
conclude there is not.
As the parties' summary judgment submissions reflect, plaintiff Lynn
G. visited defendant Dr. Norman Hugo, a plastic surgeon, approximately
50 times over a six-year period to discuss various cosmetic
procedures. During that period, she underwent a series of elective
surgeries, including eyelid surgery, facial liposuctions, eyebrow
tattooing, and wrinkle and skin growth removals. Satisfied with these
results, plaintiff elected to undergo liposuction on February 9, 1993
to correct, among other things, her "pouch"-like stomach. Prior to the
operation, defendant discussed the procedure with plaintiff and
advised her of the risks, including scarring. Acknowledging these
risks, plaintiff executed a consent form and, in her own handwriting,
indicated "I understand" on her hospital chart.
When the liposuction failed to produce the desired results, plaintiff
underwent a full abdominoplasty or "tummy tuck" to tighten her
abdomen. Prior to the surgery, defendant informed plaintiff of the
risks associated with an abdominoplasty, including "ugly scars." Once
again, plaintiff acknowledged, in writing, her understanding of the
risks and executed a consent form. Following her surgery on November
SNIPPETS:
Steven E. Garry, for appellant.
In this action to recover damages for medical malpractice and lack of informed consent, we
As the parties' summary judgment submissions reflect, plaintiff Lynn G. visited defendant Dr.
During that period, she underwent a series of elective surgeries, including eyelid surgery,
Satisfied with these results, plaintiff elected to undergo liposuction on February 9, 1993 to
Prior to the operation, defendant discussed the procedure with plaintiff and advised her of
Acknowledging these risks, plaintiff executed a consent form and, in her own handwriting,
When the liposuction failed to produce the desired results, plaintiff underwent a full
Specifically, plaintiff claims that she lacked capacity to consent to the procedures because
Plaintiff maintains that her numerous "unnecessary" surgeries, together with defendant's
concluding that the parties' conflicting expert affidavits raised issues of fact on all
Defendant made a prima facie showing of informed consent by submitting deposition testimony
In addition, defendant furnished a report from a psychiatrist who examined plaintiff and
Defendant also furnished an affidavit from a plastic surgeon who reviewed the medical records
These conclusory assertions fall short of raising a fact question regarding reasonable
plaintiff's expert's conclusory assertion that defendant departed from acceptable medical
Chief Judge Kaye and Judges Smith, Levine, Wesley, Rosenblatt and Graffeo concur.
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