Oelsner v. State

OPINION OF THE COURT

Memorandum.

The judgment appealed from and the order of the Appellate Division brought up for review should be reversed, with costs, and the Court of Claims judgment dismissing the claim reinstated.

In this action for damages for wrongful death of claimant’s intestate due to the alleged malpractice of a physician employed by defendant (the State), the dispute centers on whether the physician’s misdiagnosis was a matter of professional judgment within the range of accepted medical standards, for which the State cannot be held liable, or malpractice. After trial on the issue…