Megally v. LaPorta
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*37OPINION OF THE COURT
S. Miller, J. P.
On this appeal we are asked to recognize, for the first time, the existence of a duty of care owed by physicians, not to a patient, but to a fellow physician who relied upon the diagnosis of his colleagues in the treatment of a patient. The precise issue to be determined is whether two pathologists and the hospital by which they are employed may be liable to a surgeon who allegedly performed an unnecessary mastectomy due to the pathologists’ incorrect diagnosis of cancer. For the reasons that follow, we hold that the surgeon has no right of recovery as…
2Cases cited42 opinions
- In re AhoNew York Court of Appeals · 1976
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Benitez v. New York City Board of EducationNew York Court of Appeals · 1989
- Tobin v. GrossmanNew York Court of Appeals · 1969
- Eiseman v. StateNew York Court of Appeals · 1987
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3Cited by14 opinions
- King County v. IKB Deutsche Industriebank AGDistrict Court, S.D. New York · 2012
- Cygan v. Kaleida HealthAppellate Division of the Supreme Court of the State of New York · 2008
- Zimmerly v. Good Samaritan HospitalAppellate Division of the Supreme Court of the State of New York · 1999
- Garofalo v. StateAppellate Division of the Supreme Court of the State of New York · 2005
- Forrester v. Zwanger-Pesiri Radiology GroupAppellate Division of the Supreme Court of the State of New York · 2000
9 more not listed; retrieve them via the Exa API.