Legal Opinion
Grcic v. Peninsula Hospital Center
Appellate Division of the Supreme Court of the State of New York
Decided April 1, 1985PublishedCited by 6 opinions
1Opinion of the Court
*626Notwithstanding the fact that plaintiffs’ amended verified complaint is broadly drafted and fails to specify the nature of the allegedly improper treatment, it cannot be deemed insufficient as a matter of law (Torres v Southside Hosp., 84 AD2d 836). There is no basis in law to hold a plaintiff in a medical malpractice action, who most often is less likely than the defendant to have knowledge of proper surgical procedures and medical treatment, to a greater burden than plaintiffs in other types of personal injury actions (Cirelli v Victory Mem. Hosp., 45 AD2d 856). Inasmuch as the complaint…
2Cases cited3 opinions
- Cirelli v. Victory Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1974
- Torres v. Southside HospitalAppellate Division of the Supreme Court of the State of New York · 1981
- Weber v. WiseAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by6 opinions
- Toth v. BloshinskyAppellate Division of the Supreme Court of the State of New York · 2007
- Dolphin Holdings, Ltd. v. Gander & White Shipping, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Rubino v. Albany Medical Center HospitalAppellate Division of the Supreme Court of the State of New York · 1986
- Elkins v. Eastern Air Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Fogan-Chew v. Poughkeepsie Department of Public WorksAppellate Division of the Supreme Court of the State of New York · 2016
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