Rubick v. Atkins

OPINION OF THE COURT

Joan B. Carey, J.

Introduction

Motion by the named plaintiffs attorney for leave to amend the caption of this action to reflect substitution of two decedent *797parties, and for leave to amend the complaint to assert a cause of action for wrongful death.

Facts and Procedural Posture

According to the allegations housed in the named plaintiffs proposed amended complaint, the named plaintiff, Carol Rubick, received oncological treatment at defendants Robert C. Atkins, M.D., P.C. (hereinafter the P.C.) and the Atkins Center for Complementary Medicine from September 1995 to October…