Legal Opinion

Palestrant v. Garcia

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

Decided November 13, 1997PublishedCited by 2 opinions

1Opinion of the Court

—Judgment, Supreme Court, New York County (William Davis, J., and a jury), entered July 25, 1996, in a medical malpractice action, in favor of defendants and against plaintiffs, unanimously affirmed, without costs.

Plaintiffs claim that defendants failed to detect and diagnose that the infant plaintiff was developing a rare form of kidney cancer known as Wilms’ tumors. The jury chose to credit the *200testimony of defendants’ expert, Dr. Beckwith, that given the position and rapid rate of growth of such tumors, defendants could not have palpated the tumor on the child’s right kidney when they…

2Cases cited3 opinions

  1. People v. WhiteAppellate Division of the Supreme Court of the State of New York · 1995
  2. Putchlawski v. DiazAppellate Division of the Supreme Court of the State of New York · 1993
  3. Lucarello v. North Shore University HospitalAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by2 opinions

  1. Shanahan v. BambinoAppellate Division of the Supreme Court of the State of New York · 2000
  2. Rouviere v. Depuy Orthopaedics, Inc.District Court, S.D. New York · 2021

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