Legal Opinion

Close v. Upstate Medical Center

Appellate Division of the Supreme Court of the State of New York

Decided May 14, 1976PublishedCited by 1 opinion

1Opinion of the CourtGoldman, J.

On March 16, 1965 George Close underwent *194an operation at the defendant the Upstate Medical Center (not a party to this appeal) for the amputation of his right leg. Defendant Fred G. Caldwell, Jr., M.D. performed the surgery, during the course of which a surgical clamp was left within Close’s body. Close allegedly did not become aware of the presence of the clamp until August 26, 1971, at which time exploratory surgery was performed and the clamp removed. Plaintiff Serene Close, executrix of the estate of George Close, commenced this medical malpractice action against defendant Caldwell in…

2Cases cited6 opinions

  1. Borgia v. City of New YorkNew York Court of Appeals · 1962
  2. Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969
  3. Schwartz v. Heyden Newport Chemical Corp.New York Court of Appeals · 1963
  4. Dobbins v. CliffordAppellate Division of the Supreme Court of the State of New York · 1972
  5. Monko v. St. John's Queens HospitalNew York Supreme Court · 1963

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3Cited by1 opinion

  1. Cooper v. EdinberghNew York Supreme Court · 1978

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