Legal Opinion

Paul v. State

New York Court of Claims

Decided December 6, 1976No. Claim No. 60672PublishedCited by 6 opinions

1Opinion of the CourtRobert J. Mangum, J.

In this motion defendant moves to dismiss the claim as untimely filed. The claim seeks damages for the malpractice of physicians employed by the Downstate Medical Center while performing a sterilization procedure known as a bilateral tubal ligation. The surgery was performed on November 15 or 16, 1973 and the claim filed on November 8,1976.

The operation consists of severing both fallopian tubes. During the summer of 1976, after experiencing abdominal pain a physician diagnosed claimant’s condition as perforated ulcers. Thereafter, as a result of a worsening condition, claimant was admitted to…

2Cases cited4 opinions

  1. Flanagan v. Mount Eden General HospitalNew York Court of Appeals · 1969
  2. Murphy v. St. Charles HospitalAppellate Division of the Supreme Court of the State of New York · 1970
  3. Dobbins v. CliffordAppellate Division of the Supreme Court of the State of New York · 1972
  4. Schwartz v. Heyden Newport Chemical Corp.New York Court of Appeals · 1963

3Cited by6 opinions

  1. Emery Ex Rel. Emery v. University of New Mexico Medical CenterNew Mexico Court of Appeals · 1981
  2. Clegg v. ChaseNew York Supreme Court · 1977
  3. Paul v. StateAppellate Division of the Supreme Court of the State of New York · 1977
  4. Emery Ex Rel. Emery v. University of New Mexico Medical CenterNew Mexico Court of Appeals · 1981
  5. Paul v. StateAppellate Division of the Supreme Court of the State of New York · 1978

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