Motichka v. Cody

In Motichka v. Cody. 279 AD2d 310, the jury found defendant doctor liable for failing to obtain plaintiff's informed consent to an unnecessary mastectomy. The jury concluded that the doctor failed to inform plaintiff of other less invasive alternatives such as a lumpectomy. Because the jury found that a reasonably prudent person in plaintiff's position would not have undergone the mastectomy and would have chosen a less invasive treatment had she been informed of such an option, the jury found for the plaintiff on her informed consent claim. The jury then awarded plaintiff $2,250,000, which the motion court found excessive and ordered reduced to $850,000. The appellate court upheld the motion court's reduction of the verdict, holding that $2,250,000 deviated materially from reasonable compensation under the circumstances. (See 279 AD2d 310.)