Legal Opinion

Carrero v. St. Barnabas Hospital

Appellate Division of the Supreme Court of the State of New York

Decided April 10, 2008PublishedCited by 6 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered March 24, 2006, which, in this medical malpractice action, denied the hospital’s motion for summary judgment dismissing the complaint and Dr. Leong’s cross motion for summary judgment dismissing the third-party complaint, unanimously affirmed, without costs.

In view of the experts’ conflicting opinions, it cannot be concluded as a matter of law that the delay in diagnosis and treatment of the decedent’s breast cancer did not diminish her chance of survival or hasten her death (see Schaub v Cooper, 34 AD3d 268 [2006]). Issues of…

2Cases cited2 opinions

  1. Rodriguez v. Montefiore Medical CenterAppellate Division of the Supreme Court of the State of New York · 2006
  2. Schaub v. CooperAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by6 opinions

  1. Santos v. RosingAppellate Division of the Supreme Court of the State of New York · 2009
  2. Boston v. WeissbartAppellate Division of the Supreme Court of the State of New York · 2009
  3. McManus v. LiptonAppellate Division of the Supreme Court of the State of New York · 2013
  4. Johnson v. Montefiore Med. Ctr.Appellate Division of the Supreme Court of the State of New York · 2026
  5. Lin v. Yi XieAppellate Division of the Supreme Court of the State of New York · 2019

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