Martin v. Lattimore Road Surgicenter, Inc.

I respectfully dissent. In my view, plaintiffs’ general objection to the court’s “error in judgment” charge did not preserve for our review the contentions that the charge was not properly given with respect to either of plaintiffs’ allegations of malpractice (see, Ellsworth v Chan, 270 AD2d 811, lv denied 95 NY2d 757). In any event, Supreme Court properly gave the “error in judgment” charge because it applied to both of plaintiffs’ allegations of malpractice. *868Plaintiffs’ first allegation of malpractice is that David L. Gandell, M.D. (defendant) breached the applicable standard of care in not…