Whiteleather v. Yosowitz

Plaintiff-patient appeals from a summary judgment dismissal of his professional liability suit, in which he claims that defendant-physician negligently caused and thereafter failed to diagnose and treat his post-operative knee infection. He contends that genuine issues of material fact remained unresolved, and that the court denied him a reasonable opportunity to obtain contrary evidentiary materials. If the present record contained all the evidentiary material, we would affirm the trial court’s judgment. However, we believe that patient should be afforded the additional requested opportunity…