Legal Opinion

Datiz v. Shoob

New York Court of Appeals

Decided March 29, 1988PublishedCited by 18 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

It is generally true that the mere referral of a patient by one physician to another, without more, does not render the referring doctor vicariously liable for the negligence of the treating physician (see, Kavanaugh v Nussbaum, 71 NY2d 535; Hill v St. Clare’s Hosp., 67 NY2d 72, 79; Graddy v New York Med. Coll., 19 AD2d 426, 429, mot to dismiss appeal denied 13 NY2d 1175; Nisenholtz v Mount Sinai Hosp., 126 Misc 2d 658, 663). Here, however, there is evidence in the record from which the jury…

2Cases cited7 opinions

  1. Hill v. St. Clare's HospitalNew York Court of Appeals · 1986
  2. Kavanaugh v. NussbaumNew York Court of Appeals · 1988
  3. Ravo v. RogatnickNew York Court of Appeals · 1987
  4. Graddy v. New York Medical CollegeAppellate Division of the Supreme Court of the State of New York · 1963
  5. Suria v. ShiffmanNew York Court of Appeals · 1986

2 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Kavanaugh v. NussbaumNew York Court of Appeals · 1988
  2. Derusha v. SelligAppellate Division of the Supreme Court of the State of New York · 2012
  3. Harding v. Noble Taxi Corp.Appellate Division of the Supreme Court of the State of New York · 1992
  4. Mandel v. New York County Public AdministratorAppellate Division of the Supreme Court of the State of New York · 2006
  5. Weissman v. WiderAppellate Division of the Supreme Court of the State of New York · 1997

13 more not listed; retrieve them via the Exa API.

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