Usually a doctor has to obtain a patient’s consent before administering any type of test and or procedure.  However, in emergency situations or life threatening situations this is usually not the case. In a recent case, a hospital and a medical center were sued when one of its patient’s families claimed that they committed medical malpractice by administering a procedure which resulted in the patient acquiring a deadly infection which caused the patient’s death as reported by the New York Law Journal in a May 21, 2013 news article.

The hospital and the medical center made a motion for summary as the procedure was essential, and since the patient’s consent was not needed, and this was proven by expert medical testimony. However, the court held that the medical center and the hospital incorrectly stated the law as expert testimony is not needed to show whether consent is needed or not.

Summary judgment is granted if there no genuine issue of material fact exists and here there was a genuine issue of material fact as to whether consent is needed or not needed. As a result, the court denied the hospital and the medical center’s motion for summary judgment.

We at Jayson Lutzky, P.C. can provide you with the information you need if you have been injured, and how this will affect an accident claim. If you have been injured due to someone else’s behavior, and you are in need of legal advice, then please feel free to call us at 1-800-660-5299 for a free initial  in office consultation or visit our website at