Legal Opinion

Spensieri v. Lasky

New York Court of Appeals

Decided December 2, 1999PublishedCited by 41 opinions

1Opinion of the Court

OPINION OF THE COURT

Wesley, J.

During the course of this medical malpractice trial, the court rejected on hearsay grounds plaintiffs attempt to introduce the Physicians’ Desk Reference (PDR) into evidence to establish by itself the standard of care for a doctor in prescribing and monitoring a drug. We hold that the PDR as offered here constitutes hearsay and cannot, by itself, establish the applicable standard of care for physicians who prescribe medications for their patients.

Roberta Spensieri began taking birth control pills in 1978. In early 1986, she began experiencing irregular menstrual…

2Cases cited12 opinions

  1. Toth v. Community HospitalNew York Court of Appeals · 1968
  2. Craft v. PeeblesHawaii Supreme Court · 1995
  3. Martin v. HackerNew York Court of Appeals · 1993
  4. Green v. DownsNew York Court of Appeals · 1970
  5. Ohligschlager v. Proctor Community HospitalIllinois Supreme Court · 1973

7 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Geffner v. North Shore University HospitalAppellate Division of the Supreme Court of the State of New York · 2008
  2. Richardson v. MillerCourt of Appeals of Tennessee · 2000
  3. Centocor, Inc. v. HamiltonTexas Supreme Court · 2012
  4. Hinlicky v. DreyfussNew York Court of Appeals · 2006
  5. Thone v. Regional West Medical CenterNebraska Supreme Court · 2008

36 more not listed; retrieve them via the Exa API.

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