He claims the court erred in ruling that expert testimony was required to proceed to trial, thereby denying him his constitutional rights to a remedy and to a jury trial. Plaintiff asserts that defendant Cohen failed to obtain his informed consent before removing a tongue lesion.
Some facts are undisputed.
Plaintiff's family physician referred him to Cohen for a consultation concerning the lesion. Upon examination and in light of plaintiff's medical history of alcoholism, heavy smoking, and cancer in his family, Cohen had strongly suspected the lesion was cancerous. His suspicion of cancer and recommendation for removal and biopsy remained the same after a five-day course of antibiotics and a second examination. The biopsy proved, however, that the lesion was not cancerous. Plaintiff transferred his post-operative care to Rocco Addante, another oral surgeon.