Legal Opinion

Ibguy v. State

Appellate Division of the Supreme Court of the State of New York

Decided May 17, 1999PublishedCited by 7 opinions

1Opinion of the Court

—In a claim to recover damages for conscious pain and suffering and wrongful death based upon medical malpractice, the defendant appeals from an interlocutory judgment of the Court of Claims (Nadel, J.), dated April 29, 1998, which is in favor of the plaintiff and against it on the issue of liability.

Ordered that the interlocutory judgment is reversed, on the law, without costs or disbursements, and the claim is dismissed.

It is well settled that neither a medical provider, in this case a psychotherapist, nor the State or governmental subdivisions employing the medical provider, may be held…

2Cases cited6 opinions

  1. Topel v. Long Island Jewish Medical CenterNew York Court of Appeals · 1981
  2. Mohan v. Westchester County Medical CenterAppellate Division of the Supreme Court of the State of New York · 1988
  3. Darren v. SafierAppellate Division of the Supreme Court of the State of New York · 1994
  4. Krapivka v. Maimonides Medical CenterAppellate Division of the Supreme Court of the State of New York · 1986
  5. Wilson v. StateAppellate Division of the Supreme Court of the State of New York · 1985

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Fotinas v. Westchester County Medical CenterAppellate Division of the Supreme Court of the State of New York · 2002
  2. Park v. KovachevichAppellate Division of the Supreme Court of the State of New York · 2014
  3. Weinreb v. RiceAppellate Division of the Supreme Court of the State of New York · 1999
  4. Davis v. PatelAppellate Division of the Supreme Court of the State of New York · 2001
  5. Eckman v. CipollaAppellate Division of the Supreme Court of the State of New York · 2010

2 more not listed; retrieve them via the Exa API.

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