MOODK Attorneys Belinda R. Boone, Esquire and Alia S. Khoury, Esquire obtained a defense verdict in a medical malpractice informed consent case in Supreme Court, Queens County on behalf of their foot and ankle surgeon podiatrist client. Plaintiff alleged that the podiatrist defendant negligently failed to provide appropriate information to the plaintiff of the risks, complications, and alternatives involving a Lapidus surgical procedure to correct the plaintiff’s bunion deformity. The plaintiff claimed a reasonably prudent person in her position would not have given consent to perform the surgery if given the appropriate information, resulting in a subsequent diagnosis of complex regional pain syndrome (CRPS). Plaintiff claimed she would not have consented to the bunionectomy had she known that hardware would be used in the surgery. At trial, we established that the podiatrist defendant did provide the plaintiff with the appropriate information before obtaining the plaintiff’s consent prior to surgery, and that the Lapidus procedure necessitates the use of hardware, which was stated in the consent forms. This informed consent was evidenced by two consent forms which were signed by the plaintiff, the defendant, and a witness, which complied with the applicable standard of care. Plaintiff’s counsel asked the jury to award $25 million dollars in damages. Following 45 minutes of deliberations, the jury returned a unanimous defense verdict in favor of the podiatrist defendant, confirming that our client met his professional obligations and resulting in a complete victory for our client.

