FACTS: The plaintiff, Alexandra Granovsky, was scheduled to have her gall bladder removed by a
minimally invasive procedure known as a laparoscopic cholecystectomy. It requires cutting the
cystic duct to free the gallbladder from the liver. Prior to the procedure Granovsky’s surgeon, Dr.
Chagares, explained the risks involved, including damage to the common bile duct, and she signed a
consent form. By signing the form she gave permission for the procedure despite its potential
complications and risks. During the procedure, the surgeon mistakenly cut the common bile duct
causing Granovsky to suffer serious injury.