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Oates v. New York Hospital – Case Brief Summary (New York)

In Oates v. New York Hospital, 131 AD2d 368, 517 N.Y.S.2d 6 (1st Dep't 1987) the plaintiff specifically did not consent to a hospital's decision to do surgery to ascertain whether he had internal injuries.

However, the hospital did an exploratory laparotomy any way. It found nothing and then discharged the plaintiff in a much better condition.

The court found that these facts did not constitute a lack of informed consent claim, but rather sounded in battery because no consent had ever been given to the surgery.