Spensieri v. Lasky
New York Court of Appeals
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
- Toth v. Community HospitalNew York Court of Appeals · 1968
- Craft v. PeeblesHawaii Supreme Court · 1995
- Martin v. HackerNew York Court of Appeals · 1993
- Green v. DownsNew York Court of Appeals · 1970
- Ohligschlager v. Proctor Community HospitalIllinois Supreme Court · 1973
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- Thone v. Regional West Medical CenterNebraska Supreme Court · 2008
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