Legal Opinion
Kavanaugh v. Nussbaum
New York Court of Appeals
Decided March 29, 1988PublishedCited by 105 opinions
1Opinion of the Court
OPINION OF THE COURT
Kaye, J.
A physician who designates another doctor to "cover” for him, in the circumstances presented, is not liable for the covering doctor’s own negligence in treating the regular physician’s patient.
Plaintiff Justin Kavanaugh was born, in obvious distress, at 4:46 a.m., December 16, 1974, after only 31 weeks’ gestation, weighing about three pounds. His mother, plaintiff Irene Gonzales, had engaged defendant Erol Caypinar, an obstetrician, on December 3, 1974, after Dr. William Nussbaum had for several months failed to diagnose that she was pregnant.1 Mrs. Gonzales was…
2Cases cited16 opinions
- Hill v. St. Clare's HospitalNew York Court of Appeals · 1986
- Bing v. ThunigNew York Court of Appeals · 1957
- Connell v. HaydenAppellate Division of the Supreme Court of the State of New York · 1981
- Steinbeck v. GerosaNew York Court of Appeals · 1958
- Kelly v. Long Island Lighting Co.New York Court of Appeals · 1972
11 more not listed; retrieve them via the Exa API.
3Cited by105 opinions
- Di Ponzio v. RiordanNew York Court of Appeals · 1997
- Feliberty v. DamonNew York Court of Appeals · 1988
- Anderson v. LitzenbergCourt of Special Appeals of Maryland · 1997
- LeBlanc v. SkinnerAppellate Division of the Supreme Court of the State of New York · 2012
- Markley v. Albany Medical Center HospitalAppellate Division of the Supreme Court of the State of New York · 1990
100 more not listed; retrieve them via the Exa API.