Fiorentino v. Wegner, 19 N.Y.2d 407 (1967)

A hospital is not generally liable for a physician’s failure to obtain informed consent from a patient regarding a novel medical procedure, unless the hospital knew or should have known of the lack of informed consent or that the procedure was impermissible under existing standards.

Summary

This case addresses the extent of a hospital’s duty to ensure a patient’s informed consent to a novel and dangerous surgical procedure performed by a privately retained surgeon. The New York Court of Appeals held that a private hospital is not obligated to independently verify that a patient has given informed consent to an unusual and dangerous operation performed by their privately retained surgeon, unless the hospital has reason to know that informed consent was lacking or that the procedure was inappropriate. The court emphasized that imposing such a duty would unduly interfere with the doctor-patient relationship and discourage hospitals from offering innovative treatments.

Facts

A 14-year-old boy developed scoliosis (curvature of the spine). His mother consulted Dr. Wenger, an orthopedic surgeon, who recommended a novel