Legal Opinion
Nestorowich v. Ricotta
New York Court of Appeals
Decided February 14, 2002PublishedCited by 88 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
The primary issue on this appeal is whether, in a medical malpractice action arising out of a surgical procedure, a *396trial court may properly give the “error in judgment” charge absent a showing that a doctor has chosen one of two or more medically acceptable alternative treatments or techniques. We hold that Supreme Court erred in giving the charge in this case, but that on the facts presented the error was harmless.
I
In 1994, defendant, Dr. John Ricotta, a vascular surgeon, performed an adrenalectomy on decedent, Walter Nestorowich. This surgery was the…
2Cases cited12 opinions
- Pike v. . HonsingerNew York Court of Appeals · 1898
- Logan v. Greenwich Hospital Ass'nSupreme Court of Connecticut · 1983
- Schrempf v. StateNew York Court of Appeals · 1985
- Topel v. Long Island Jewish Medical CenterNew York Court of Appeals · 1981
- Spadaccini v. DolanAppellate Division of the Supreme Court of the State of New York · 1978
7 more not listed; retrieve them via the Exa API.
3Cited by88 opinions
- Papke v. HarbertSouth Dakota Supreme Court · 2007
- Selmensberger v. Kaleida HealthAppellate Division of the Supreme Court of the State of New York · 2007
- Anderson v. House of Good Samaritan HospitalAppellate Division of the Supreme Court of the State of New York · 2007
- Wild v. Catholic Health SystemNew York Court of Appeals · 2013
- Gallagher v. Cayuga Medical CenterAppellate Division of the Supreme Court of the State of New York · 2017
83 more not listed; retrieve them via the Exa API.