Coxe v. Putney

EGAN, District Judge.

This is a malpractice action against a physician arising from the accidental perforation by the defendant of the plaintiff’s esophagus during'the course of an examination. During the taking of defendant’s pre-trial deposition, an issue has apparently developed whether prior to the ill-fated esophagoscopy the defendant was informed by the plaintiff’s private physician, Dr. Charamello, of previous difficulties the plaintiff had had with this type of examination and special precautions which accordingly had to be taken. Dr. Charamello swore that' he so informed the defendant.