§Why CasetextPricing

Marguerite James, Appellant,v.David Wormuth, M.D., and CNY Thoracic Surgery, P.C., Respondents.

Brief

9 Cited authorities

  1. Kambat v. St. Francis Hosp

    89 N.Y.2d 489 (N.Y. 1997)   Cited 357 times
    Holding that “[w]hen an operation leaves a sponge or implement in the patient's interior, ... the thing speaks for itself without the aid of any expert's advice”

  2. Sweeney v. Erving

    228 U.S. 233 (1913)   Cited 419 times
    In Sweeney v. Erving, 1913, 228 U.S. 233, 33 S.Ct. 416, 57 L.Ed. 815, which involved an injury to the plaintiff by X-ray burns, the trial court was asked to instruct the jury, in substance, that the occurrence of the accident was itself evidence of negligence and cast upon the defendant the burden of proving, by a preponderance of the evidence, that the injury was not caused by his negligence.

  3. Foltis, Inc., v. City of New York

    287 N.Y. 108 (N.Y. 1941)   Cited 261 times   1 Legal Analyses
    In Foltis, Inc. v City of New York (287 NY 108), a pivotal case, we reversed the grant of a directed verdict for the plaintiff.

  4. Anderson v. House of Good

    44 A.D.3d 135 (N.Y. App. Div. 2007)   Cited 33 times

    No. 653 CA 06-01518. July 18, 2007. APPEAL from an order and judgment of the Supreme Court, Jefferson County (Peter A. Schwerzmann, A.J.), entered May 1, 2006 in a medical malpractice action. The order and judgment, insofar as appealed from, upon a jury verdict, dismissed the complaint against defendants-respondents. Carroll Carroll Lawyers, P.C, Syracuse ( Woodruff L. Carroll of counsel), for appellant. Amdursky, Pelky, Fennell Wallen, P.C., Oswego ( Timothy J. Fennell of counsel), for House of

  5. Rockefeller v. Moront

    81 N.Y.2d 560 (N.Y. 1993)   Cited 48 times
    In Rockefeller, the New York Court of Appeals simply held that misplaced sutures did not qualify as "foreign objects" for the purpose of the discovery rule enunciated in Flanagan.

  6. Fogal v. Genesee Hosp

    41 A.D.2d 468 (N.Y. App. Div. 1973)   Cited 82 times
    Holding jury could infer that a physician's negligence caused the amputation of a patient's limbs due to frostbite he suffered during surgery

  7. Grasso v. Capella

    260 A.D.2d 600 (N.Y. App. Div. 1999)   Cited 3 times

    April 26, 1999 Appeal from the Supreme Court, Rockland County (Bergerman, J.). upon the denial of his motion pursuant to CPLR 4404 (a) to set aside the verdict, is in favor of the plaintiff Susan Marsha Grasso and against him in the principal sum of $90,000. Ordered that the judgment is affirmed, with costs. The trial court did not err in refusing to give the "error of judgment" charge contained in PJI 2:150. There was no evidence that the defendant, a surgeon, had to consider and choose among medically-acceptable

  8. Capolino v. New York City Health Hospitals

    199 A.D.2d 173 (N.Y. App. Div. 1993)   Cited 3 times

    December 21, 1993 Appeal from the Supreme Court, Bronx County (David Levy, J.). In October 1981 plaintiff's decedent Ida Alessio was hospitalized for three weeks for a heart attack. While hospitalized she had a transient ischemic attack and the anticoagulant Coumadin was prescribed. Upon her discharge several medicines were prescribed, and the Coumadin continued. She was required to attend the hospital's clinic regularly for the monitoring of her dosage and its effects. On June 19, 1984, defendant

  9. Petko v. Ghoorah

    178 A.D.2d 1013 (N.Y. App. Div. 1991)   Cited 3 times

    December 26, 1991 Appeal from the Supreme Court, Erie County, Wolf, Jr., J. Present — Doerr, J.P., Boomer, Green, Pine and Balio, JJ. Judgment unanimously affirmed without costs. Memorandum: We disagree with plaintiffs' argument that the verdict was against the weight of the evidence (see generally, Petrovski v Fornes, 125 A.D.2d 972, 973, lv denied 69 N.Y.2d 608). The jury was entitled to believe defendant's testimony that plaintiff wife complained only once of rectal bleeding and defendant's expert's