Lynn G. v. Hugo

Lynn G. v. Hugo,
No. 135 (N.Y.A.D. 1 Dept. June 27, 2000)

Patient sued her plastic surgeon after an abdominal procedure resulted in
“unsightly scarring.” The patient alleged a lack of informed consent
based on the physician failing to advise her of the availability of less
invasive procedures and her inability to give informed consent because she
suffered from Body Dysmorphic Disorder. (The patient had seen the plastic
surgeon 51 times in six years for various procedures.) The Supreme Court,
Appellate Division of New York refused to dismiss the claims. The court
determined that there was sufficient evidence that the physician had not
properly disclosed the appropriate surgical alternatives, indicating that
plastic surgery is subject to the same disclosure standards as any other medical
procedure. Additionally, the court found sufficient evidence of the patient’s
mental disorder to support her contention that the physician should have sought
mental health advice before continuing to perform increasingly invasive
procedures.