Legal Opinion
Rodriguez v. Manhattan Medical Group, P. C.
Appellate Division of the Supreme Court of the State of New York
Decided March 27, 1990PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Wallach, J.
In "The Doctor in Spite of Himself’, Moliere has his imposter-physician place his ear trumpet on the right side of the patient’s chest, and, when the latter objects that his heart is on the left side, the "doctor” pompously pronounces his grave professional judgment: "We have changed all that.” What the great French playwright is telling us is that the encounter between doctor and patient is at best a chancy and uncertain thing. But we should not undertake to add to that uncertainty by adopting an expansive "foreign object” rule which leaves to purely fortuitous…
2Cases cited9 opinions
- Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969
- Goldsmith v. Howmedica, Inc.New York Court of Appeals · 1986
- Florio v. CookNew York Court of Appeals · 1979
- Schiffman v. Hospital for Joint DiseasesAppellate Division of the Supreme Court of the State of New York · 1971
- Florio v. CookAppellate Division of the Supreme Court of the State of New York · 1978
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Adam L. Walton v. Strong Memorial HospitalNew York Court of Appeals · 2015
- Schmiedt v. LoewenSouth Dakota Supreme Court · 2010
- Jorge v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- Kornegay v. CenterAppellate Division of the Supreme Court of the State of New York · 1993
- Jorge v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1991