The panel rejected the doctors’ challenge to the orthopedic surgeon’s opinion, asserting that the passing reference to a “non-union” of the fracture, when it eventually healed, was contextual. The justices affirmed that the fracture healed out of proper alignment, reinforcing the validity of the medical opinions.
The doctors’ argument to dismiss Henderson’s informed consent claim against Takemoto faced skepticism. The conflicting evidence attached to the doctors’ own motion muddled the clarity, leaving the justices unconvinced about the disclosure of risks or alternatives and the reasonable patient’s decision-making process.
NY Doctors Face Lawsuit Over Woman’s Broken Wrist Care
Peter C. Papayanakos of Cherundolo Law Firm PLLC, representing Henderson, expressed gratitude for the appellate panel’s thorough consideration. Meanwhile, representatives for the doctors remained silent, heightening the anticipation surrounding the legal clash.
The case, titled Henderson v. Takemoto et al., case number 535997, continues to unfold in the State of New York Supreme Court, Appellate Division, Third Judicial Department.
