McDermott v. Manhattan Eye, Ear & Throat Hospital

In an action for malpractice plaintiff appeals from a judgment dismissing the complaint as to all defendants at the close of plaintiff’s case.

Plaintiff relies on two theories: (1) some of the defendants knowingly made false representations of fact intending to induce plaintiff to submit to surgery to her injury and damage; and (2) some of the defendants recommended and performed the surgery when it was conclusively contraindicated by the condition of plaintiff’s left eye.

*376The facts are as follows: On August 26,1949, plaintiff, age 44, first appeared at the eye clinic of defendant hospital. She…