Janeczko v. Russell
Cases that cite this one
12 later published cases cite this decision.
- Waite v. Tom (New York Supreme Court, Bronx County 2025)
- Lewis v. Rutkovsky (Appellate Division of the Supreme Court of New York 2017)
- Marin v. Northwell Health, Inc. (New York Supreme Court, New York County 2025)
- Carey v. Singer (New York Supreme Court, New York County 2025)
- Carey v. Singer (New York Supreme Court, New York County 2025)
- Evans v. Harris (New York Supreme Court, Bronx County 2025)
- Bivona v. Gupta (New York Supreme Court, New York County 2025)
- Marino v. New York & Presbyt. Hosp. (New York Supreme Court, New York County 2025)
- Hoepelman v. New York & Presbyt. Hosp. (New York Supreme Court, New York County 2024)
- Brown v. Berookhim (New York Supreme Court, New York County 2024)
- Kaplow v. Dalbagni (New York Supreme Court, New York County 2024)
- Gallimore v. Allison (Appellate Division of the Supreme Court of New York 2016)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The motion, insofar as made on behalf of Dr. Russell, a rheumatologist, was properly denied for lack of a prima facie showing that she informed plaintiff of the potential complications associated with the injection she gave plaintiff and the available alternatives thereto (see Public Health Law § 2805-d [1]; Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). However, plaintiff’s claim of lack of informed consent against Dr. Elliot, an orthopedic surgeon to whom plaintiff was referred by Dr. Russell after the injection, should have been dismissed upon the showing made in Dr. Elliot’s expert’s affirmation, not refuted in plaintiff’s expert’s affidavit, that Dr. Elliot’s procedures could not have caused plaintiffs injury, a Mycobacteria chelonei infection; the statement made in plaintiffs expert’s affidavit that a Mycobacteria chelonei infection is commonly caused by injection; and the undisputed fact that the infection preexisted plaintiffs first visit with Dr. Elliot. It does not avail plaintiff to argue that even if the infection was not caused by Dr. Elliot, his failure to identify the infecting bacteria during subsequent visits and procedures caused the injury to continue. A failure to diagnose cannot be the basis of a cause of action for lack of informed consent unless associated with a diagnostic procedure that “involve [s] invasion or disruption of the integrity of the body” (Public Health Law § 2805-d [2] [b]; see Sample v Levada, 8 AD3d 465, 466-467 [2004]; Schel v Roth, 242 AD2d 697, 698 [1997]), not the case here. Concur—Friedman, J.P., Marlow, Nardelli and Catterson, JJ. [See 2007 NY Slip Op 30937(H).]
Case-law data current through September 30, 2026. Source: CourtListener bulk data.