Ellis v. Peter
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Santucci, J.
In this case we address the question of whether the law of New York State imposes upon a physician a duty of care which extends to the spouse of a patient who contracts tuberculosis as the result of the physician’s alleged negligent failure to properly diagnose the disease in his patient. We hold that there is neither a statutory nor common-law duty imposed upon a physician for the benefit of those who may contract such disease from the patient.
In March 1992, the plaintiffs commenced the instant action *355against the defendant doctor, Sebastian A. Peter…
2Cases cited20 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Pulka v. EdelmanNew York Court of Appeals · 1976
- Palka v. Servicemaster Management Services Corp.New York Court of Appeals · 1994
- Bradshaw v. DanielTennessee Supreme Court · 1993
- Tobin v. GrossmanNew York Court of Appeals · 1969
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- Megally v. LaPortaAppellate Division of the Supreme Court of the State of New York · 1998
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