Siobhainin S. Funchion (Of Counsel-White Plains, NY) obtained summary judgment in Westchester Supreme Court in a medical malpractice case against our client urologist and medical group. The plaintiff alleged he was not properly monitored during a urocuff procedure resulting in a syncopal episode where he sustained a head injury with severe lacerations. The plaintiff alleged visual disturbances, post-traumatic headaches and inability to work following the fall. In the motion for summary judgment, Siobhan established that this matter involved claims of medical malpractice rather than general negligence and that our clients appropriately evaluated and monitored the patient. Siobhan, through expert affirmation, established that the patient had a sudden, unexpected vasovagal event that occurred despite appropriate care. In opposition, the plaintiff attempted to raise a new theory of liability of lack of informed consent on the argument that a translator was not provided and therefore the patient could not have consented to the procedure. In response, Siobhan argued that such a claim was not properly pled and, even assuming it had been, the nature of the procedure was diagnostic and not invasive and therefore consent was not required by statute.