Esposito v. New York Hospital

OPINION OF THE COURT

Bentley Kassal, J.

FACTS

This is a medical malpractice action in which plaintiff claims a hearing loss. The defendant seeks to have a physical examination by means of two medical procedures, namely, an X ray of the temporal bone and an electronystamography test, as well as the taking of an appropriate history from the plaintiff. The claimed basis for these tests is to “establish whether or not the plaintiff has a congenital or an anatomical abnormality to which his hearing loss can be attributed.”

CONTENTIONS AND DECISION

Addressing these two issues, the plaintiff objects to…