(DOWNLOAD) "David J. Byork Et Al." by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: David J. Byork Et Al.
- Author : Supreme Court of New York
- Release Date : January 01, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Order unanimously reversed, on the law, with costs, and motion granted. Memorandum: While undergoing gallbladder surgery at defendant Clifton Springs Hospital, plaintiff David Byork's common bile duct was severed. Plaintiff sued the attending physician, Myron E. Carmer; the assisting surgeon, Ronald Li; and the hospital. The theory of plaintiffs' case against the hospital is that it had knowledge of defendant Carmer's negligent performance on prior occasions, but, nevertheless, continued to extend staff privileges to him, thus breaching a duty to plaintiff and other patients (Bowhall v Hanlon, 99 A.D.2d 857). At an EBT, plaintiffs' counsel attempted to elicit whether the hospital had knowledge of prior injuries to patients during operations performed by Carmer and whether any action was taken against Carmer as a result of such knowledge. Defense counsel directed their clients not to answer, and this motion to compel discovered ensued.Special Term denied relief. We reverse.
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