Duncan v. Mount St. Mary's Hospital of Niagara Falls

—Amended judgment unanimously affirmed without costs. Memorandum: In this medical malpractice action, Supreme Court’s reference to foreseeábility in the jury charge does not constitute reversible error (see, Garcea v Kiman, 224 AD2d 190). Although the court’s initial general instruction on negligence included a reference to foreseeability, that reference did not affect the court’s subsequent clear instructions concerning the duty that defendant surgeons and anesthesiologists owed plaintiffs decedent, as determined by the physician-patient relationship (see, Barracca v St. Francis Hosp., 237…