Legal Opinion
Bowers v. County of Essex
New York Supreme Court
Decided April 7, 1983PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Thomas E. Mercure, J.
This case presents the novel issue as to whether a physician may be held liable for medical malpractice for not prescribing an operation for a county jail inmate when the Sheriff refused to authorize the operation. The defendant, Herbert Savel, M.D., moves for an order pursuant to CPLR 3211 (subd [a], par 7) dismissing plaintiff’s amended complaint as against him.
The facts are as follows: The plaintiff, Louis Bowers, was confined in the Essex County Jail from on or about March 20, 1981 until on or about November 13, 1981. Before his incarceration, he…
2Cases cited6 opinions
- Pike v. . HonsingerNew York Court of Appeals · 1898
- Allan v. State Steamship Co.New York Court of Appeals · 1892
- Fisher v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1974
- Pisacano v. StateAppellate Division of the Supreme Court of the State of New York · 1959
- Fisher v. City of SyracuseNew York Supreme Court · 1974
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3Cited by3 opinions
- District of Columbia v. MitchellDistrict of Columbia Court of Appeals · 1987
- District of Columbia v. MitchellDistrict of Columbia Court of Appeals · 1987
- Douglas v. County of OswegoNew York Supreme Court · 1991