Legal Opinion
Kane v. Randt
New York Supreme Court
Decided February 6, 1974PublishedCited by 2 opinions
1Opinion of the CourtBertram Harnett, J.
Holding : A defendant doctor in a
medical malpractice action can be required by the plaintiff to give expert pretrial testimony concerning the injuries treated without the plaintiff himself first demonstrating an inability or lack of intention to call another expert to testify at trial.
A. THE PRETRIAL INFORMATION SOUGHT
Sally Kane and her husband Mark have brought this action against two physicians who are claimed to have misdiagnosed in 1970 as multiple sclerosis a tumor lodged in Mrs. Kane’s *174spinal cord. The Kanes have conducted pretrial examinations of the doctors. A number of questions were…
2Cases cited5 opinions
- Meier v. Ross General HospitalCalifornia Supreme Court · 1968
- Anderson v. FlorenceSupreme Court of Minnesota · 1970
- Charlton v. Montefiore HospitalNew York Supreme Court · 1965
- Kennelly v. St. Mary's HospitalNew York Supreme Court · 1966
- Washington v. CuffaroNew York Supreme Court · 1968
3Cited by2 opinions
- Rivera Alejandro v. Algarín LópezSupreme Court of Puerto Rico · 1982
- Johnson v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1975