Halpern v. Gozan

The issue raised in this medical malpractice action is whether subdivision 8 of section 148-a of the Judiciary Law (hereinafter referred to as the "new law”) signed into law on July 1, 1975 is violative of the Constitution. A determination of this question requires a brief review of the facts:

The plaintiff Marcia Halpern was a patient of the defendant doctor for 10 years, during which period the defendant, an *754obstetrician-gynecologist, delivered all four of the plaintiffs children. He also attended to the plaintiff at regular intervals for routine physical examinations. Concerning the instant…