(DOWNLOAD) "Edward Mcgovern v. Joseph N. Attie Et Al." by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Edward Mcgovern v. Joseph N. Attie Et Al.
- Author : Supreme Court of New York
- Release Date : January 20, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
[30 A.D.2d 559 Page 559] In our opinion, it was error for the trial court to dismiss the complaint as against respondents other than defendant Attie.
The evidence adduced clearly presented issues of fact, which ought to have been submitted to the jury, as to whether defendant
Schalettar deviated from accepted medical practice in the community in his treatment (or lack of same) of the infant plaintiff.
There was ample testimony by plaintiffs' experts that, in the over-all clinical setting of this case, accepted medical practice
in the community required close observation of the tumor with which the infant plaintiff was afflicted and quicker surgical
intervention. Whether Dr. Schalettar deviated from the standards testified to was for the jury to decide. Upon the retrial
the relationship between defendant Upper Queens Medical Group, of which Dr. Schalettar was a partner, and defendant H.I.P.
ought to be explored. In this regard we note that it was error for the trial court to declare inadmissible the contract between
the Medical Group and H.I.P., since the contract was annexed to H.I.P.'s answer and, hence, as part of a pleading, was always
before the court (see Holmes v. Jones, 121 N. Y. 461, 466; Continental Leather Co. v. Liverpool, Brazil & Riv. Plate
Steam Nav. Co., 228 App. Div. 707). The contract was relevant on the question of the degree of control H.I.P. may have exerted
over the Medical Group, [30 A.D.2d 559 Page 560]