Monahan v. Weichert
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
SCHNEPP, J.
In this medical malpractice case we consider primarily the problem of distinguishing the effect of the defendant Dr. Harold R. Weichert’s alleged negligence from the natural results of plaintiff William F. Monahan’s disease. Trial Term dismissed the complaint against Dr. Weichert at the end of the plaintiff’s case concluding that there was insufficient evidence to permit the inference of proximate cause, i.e., any causal connection between defendant doctor’s conduct and plaintiff’s injury. We reverse and grant a new trial. The proof of proximate cause…
2Cases cited27 opinions
- Pike v. . HonsingerNew York Court of Appeals · 1898
- Toth v. Community HospitalNew York Court of Appeals · 1968
- Ventricelli v. Kinney System Rent A Car, Inc.New York Court of Appeals · 1978
- Howard v. LecherNew York Court of Appeals · 1977
- Dunham v. Village of CanisteoNew York Court of Appeals · 1952
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3Cited by67 opinions
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- Barnes v. AndersonCourt of Appeals for the Second Circuit · 1999
- Berk v. St. Vincent's Hospital & Medical CenterDistrict Court, S.D. New York · 2005
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