Legal Opinion

Kaplan v. State

New York Court of Claims

Decided March 20, 1950No. Claim No. 28821PublishedCited by 5 opinions

1Opinion of the CourtSylvester, J.

Claim has been filed herein to recover damages for personal injuries sustained through the alleged negligence of a State physician.

Claimant had been admitted as a mental patient to the Brooklyn State Hospital on February 15,1947. In the course of receiving electric therapy, he sustained an injury to a tendon in the right shoulder. On March 28,1947, an operation was performed upon claimant by Dr. Mulle, of the hospital staff, for the purpose of correcting this condition. While in the process of drilling necessary holes in the head of the humerus bone, to which the torn muscle could be…

2Cases cited24 opinions

  1. Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
  2. Dillon v. Rockaway Beach Hospital & DispensaryNew York Court of Appeals · 1940
  3. Smith v. . State of New YorkNew York Court of Appeals · 1920
  4. Benson v. . DeanNew York Court of Appeals · 1921
  5. Sheehan v. North Country Community HospitalNew York Court of Appeals · 1937

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3Cited by5 opinions

  1. Becker v. City of New YorkNew York Court of Appeals · 1957
  2. Buda v. StateAppellate Division of the Supreme Court of the State of New York · 1951
  3. Sigmon v. BullittOhio Court of Appeals · 1987
  4. Becker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1956
  5. Kaplan v. StateAppellate Division of the Supreme Court of the State of New York · 1950

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