Motion for judgment
§ 4401-a. Motion for judgment. A motion for judgment at the end of the plaintiff's case must be granted as to any cause of action for medical malpractice based solely on lack of informed consent if the plaintiff has failed to adduce expert medical testimony in support of the alleged qualitative insufficiency of the consent.
A narrow, must-grant motion. At the end of the plaintiff's case, the court must grant judgment on any medical malpractice claim based solely on lack of informed consent if the plaintiff failed to put on expert medical testimony showing the consent was qualitatively insufficient. ★
Memory hook: no expert testimony on informed consent = automatic loss on that claim.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.