Schmeider v. Montefiore Hospital & Medical Center

Because the erroneous rulings of the trial court in this medical malpractice action against Montefiore Hospital (Hospital) and Dr. William B. Driscoll, a surgeon employed on the Hospital staff, prevented a fair consideration by the jury of plaintiff’s single viable claim, I would reverse and remand for a new trial.

On September 3, 1974, plaintiff William Schmeider, a 50-year-old New York City fireman on limited duty, was admitted to defendant Hospital by his personal physician, Dr. Huang, for removal of a cluster of five polyps located in his sigmoid colon some 25 millimeters above the rectum.…