Legal Opinion
Thomas v. Samuels
Appellate Division of the Supreme Court of the State of New York
Decided March 12, 2009PublishedCited by 4 opinions
1Opinion of the CourtRose, J.
Appeal from a judgment of the Supreme Court (Giardino, J.), entered January 22, 2008 in Schenectady County, upon a verdict rendered in favor of defendants.
Plaintiff commenced this medical malpractice action alleging that her surgeon, defendant Sharon Samuels (hereinafter defen*1188dant), deviated from the applicable standard of care by allegedly cutting or burning her long thoracic nerve during breast biopsy surgery. At the jury trial, defendant opined that plaintiffs nerve must have been subjected to a stretch injury during surgery, rather than a cut or burn. At the close of the trial, Supreme…
2Cases cited5 opinions
- Nestorowich v. RicottaNew York Court of Appeals · 2002
- Rivera v. AnileshNew York Court of Appeals · 2007
- Walker v. StateAppellate Division of the Supreme Court of the State of New York · 1985
- Gushlaw v. RollAppellate Division of the Supreme Court of the State of New York · 2002
- Towers v. HoagAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by4 opinions
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- Fitzpatrick v. TvetenstrandAppellate Division of the Supreme Court of the State of New York · 2024
- Gallagher v. CorasantiAppellate Division of the Supreme Court of the State of New York · 2009
- Stribing v. Wendel & Loecher, Inc.Appellate Division of the Supreme Court of the State of New York · 2021