Park v. Kovachevich
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sweeny, J.P.
This case involves the application of the professional medical judgment doctrine, which, as set forth herein, warrants dismissal of plaintiffs complaint.
On April 20, 2006, plaintiffs decedent, Cooper Park, called defendant Dr. Kovachevich, an osteopathic physician and family medicine practitioner who had been his primary care provider since 1999, and told Dr. Kovachevich that he was separating from plaintiff, his wife, and needed “something because his nerves were shot.” Dr. Kovachevich called in a prescription for Xanax, and asked that Park come see him the…
2Cases cited22 opinions
- Diaz v. New York Downtown HospitalNew York Court of Appeals · 2002
- Cassano v. HagstromNew York Court of Appeals · 1959
- Schrempf v. StateNew York Court of Appeals · 1985
- Nestorowich v. RicottaNew York Court of Appeals · 2002
- Murphy v. ConnerNew York Court of Appeals · 1994
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3Cited by15 opinions
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- Muth v. Wali Mohammad, M.D., P.C.Appellate Division of the Supreme Court of the State of New York · 2015
- Olaechea v. MundyAppellate Division of the Supreme Court of the State of New York · 2021
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