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Hill v. New York Hospital

Appellate Division of the Supreme Court of New York, First Department
Nov 21, 2000
277 A.D.2d 117 (N.Y. App. Div. 2000)

Opinion

November 21, 2000.

Judgment, Supreme Court, New York County (Barbara Kapnick, J., and a jury), entered August 30, 1999, in a medical malpractice action,inter alia, awarding plaintiff, upon her stipulation in lieu of a new trial on damages, $500,000 for past pain and suffering and $1 million for future pain and suffering, before structuring, unanimously affirmed, without costs.

Stephen R. Krawitz, for plaintiff-respondent.

Barbara D. Goldberg, Lori A. Marano, for defendants-appellants.

Before: Williams, J.P., Ellerin, Lerner, Rubin, JJ.


A fair interpretation of the evidence supports the jury's findings of liability against defendants doctors for both medical malpractice and lack of informed consent, and against defendant hospital based on agency by estoppel (see, Sarivola v. Brookdale Hosp. Med. Center, 204 A.D.2d 245). The qualifications of plaintiff's medical expert went to the weight rather than the admissibility of his testimony, and his credibility was therefore a question for the jury (see, Fuller v. Preis, 35 N.Y.2d 425, 431-432). The award of damages, as stipulated, does not deviate materially from what is reasonable compensation under the circumstances. We have considered defendants' other arguments and find them to be unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Hill v. New York Hospital

Appellate Division of the Supreme Court of New York, First Department
Nov 21, 2000
277 A.D.2d 117 (N.Y. App. Div. 2000)
Case details for

Hill v. New York Hospital

Case Details

Full title:CATHERINE HILL, PLAINTIFF-RESPONDENT, v. THE NEW YORK HOSPITAL, ET AL.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 21, 2000

Citations

277 A.D.2d 117 (N.Y. App. Div. 2000)
716 N.Y.S.2d 568

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