Legal Opinion
Byork v. Carmer
Appellate Division of the Supreme Court of the State of New York
Decided March 1, 1985PublishedCited by 20 opinions
1Opinion of the Court
— Order unanimously reversed, on the law, with costs, and motion granted. Memorandum: While undergoing gallbladder surgery at defendant Clifton Springs Hospital, plaintiff David Byork’s common bile duct was severed. Plaintiff sued the attending physician, Myron E. Carmer; the assisting surgeon, Ronald Li; and the hospital. The theory of plaintiffs’ case against the hospital is that it had knowledge of defendant Carmer’s negligent performance on prior occasions, but, nevertheless, continued to extend staff privileges to him, thus breach*1088ing a duty to plaintiff and other patients (Bowhall v…
2Cases cited2 opinions
- Rios v. DonovanAppellate Division of the Supreme Court of the State of New York · 1964
- Bowhall v. HanlonAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by20 opinions
- Bush v. DolanAppellate Division of the Supreme Court of the State of New York · 1989
- Raschel v. RishAppellate Division of the Supreme Court of the State of New York · 1985
- Lilly v. TureckiAppellate Division of the Supreme Court of the State of New York · 1985
- Swartzenberg v. TrivediAppellate Division of the Supreme Court of the State of New York · 1993
- Van Caloen v. PoglincoAppellate Division of the Supreme Court of the State of New York · 1995
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