A medical malpractice plaintiff’s presenting of medical records was sufficient to show the potential merits of her claim and allow her to survive a dismissal motion in a case focused on whether her fallopian tubes were removed without her consent, a state appeals court has ruled.

In a tightly written opinion, an Appellate Division, First Department panel said Patrice McKenzie’s records, which “contain admissions sufficient to establish the potential merits of [her] action based on the conduct of non-moving defendant Dr. Gary Goldberg for, inter alia, lack of informed consent,” allowed her to survive dismissal.

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