Fox v. Marshall
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sgroi, J.
In this case we address the often muddled issue of whether a legally viable medical malpractice cause of action can be asserted against a physician by a third party even though no doctor-patient relationship ever existed between these parties. Under the circumstances of this case, we conclude that the law does not recognize such a cause of action.
This action has its genesis in a particularly brutal and unsettling crime, the murder of Denice Fox by her neighbor, the defendant Evan Marshall, on August 17, 2006. Denice Fox, a retired teacher, lived on Willada Lane in…
2Cases cited37 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
- Pulka v. EdelmanNew York Court of Appeals · 1976
- D'Amico v. ChristieNew York Court of Appeals · 1987
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