Legal Opinion

Harrington v. St. Mary's Hospital

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

Decided February 7, 2001PublishedCited by 5 opinions

1Opinion of the Court

—Judgment unanimously affirmed without costs. Memorandum: Plaintiff appeals from a judgment dismissing the complaint against defendants St. Mary’s Hospital and Maureen Gardner, R.N. following a jury verdict of no cause of action. We reject plaintiff’s contention that Supreme Court erred in submitting the case to the jury on the theory of medical malpractice rather than ordinary negligence. Plaintiff was a patient in the brain injury rehabilitation program at defendant hospital, having suffered a stroke that left him partially paralyzed. Gardner, a nurse at the hospital, was charged with…

2Cases cited3 opinions

  1. Fox v. White Plains Medical CenterAppellate Division of the Supreme Court of the State of New York · 1986
  2. Raus v. White Plains HospitalAppellate Division of the Supreme Court of the State of New York · 1989
  3. Brath v. Kenmore Mercy HospitalAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by5 opinions

  1. McDonald v. StateAppellate Division of the Supreme Court of the State of New York · 2004
  2. INGUTTI, FREDERICK v. ROCHESTER GENERAL HOSPITALAppellate Division of the Supreme Court of the State of New York · 2016
  3. Ingutti v. Rochester General HospitalAppellate Division of the Supreme Court of the State of New York · 2016
  4. Ingutti v. Rochester General HospitalAppellate Division of the Supreme Court of the State of New York · 2016
  5. Kim v. New York Presbyt.Appellate Division of the Supreme Court of the State of New York · 2019

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