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Johnson v. Brookdale Hospital Medical Center
Citations: 268 A.D.2d 559; 702 N.Y.S.2d 838; 2000 N.Y. App. Div. LEXIS 1002
Court: Appellate Division of the Supreme Court of the State of New York; January 30, 2000; New York; State Appellate Court
In a medical malpractice and lack of informed consent case, the defendants appealed a judgment from the Supreme Court, Kings County, which awarded the plaintiff $750,000 following a jury verdict. The appellate court reversed the judgment on legal and factual grounds and granted a new trial solely on the issue of damages, unless the plaintiff agrees to reduce the damages to $150,000 within 30 days of receiving the court's decision. If the plaintiff consents to this reduction, the amended judgment will be affirmed without additional costs. The appellate court found that the plaintiff provided sufficient evidence for the jury to reasonably conclude that the defendants' actions deviated from accepted medical practices, supporting the finding of proximate cause for the plaintiff's injuries. The court also determined that the jury's verdict was a fair interpretation of the evidence presented. However, the court noted that the original damage award was excessively high and did not align with reasonable compensation standards. The decision was concurred by Judges Sullivan, Krausman, McGinity, and H. Miller.