Legal Opinion

Covert v. Walker

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

Decided March 8, 2011Published

1Opinion of the Court

On April 26, 2005, the defendant pulmonologist Richard F. Walker ordered a CT scan, with contrast, of the thorax of the plaintiffs’ decedent, which revealed, among other things, the existence of adenopathy (enlarged lymph nodes), which were of uncertain etiology. Walker considered ordering a biopsy of the decedent’s lung tissue at that time, but elected not to do so due to her atrial fibrillation, which was subsequently corrected by a cardioversion procedure on July 7, 2005. On July 20, 2005, Walker ordered a further CT scan of the decedent’s thorax, this time without contrast, which…

2Cases cited7 opinions

  1. Mortensen v. Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1984
  2. Breland v. Jamaica Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 2008
  3. McMahon v. BadiaAppellate Division of the Supreme Court of the State of New York · 1993
  4. Provost v. HassamAppellate Division of the Supreme Court of the State of New York · 1998
  5. Treinis v. Deepdale General Hospital, Inc.Appellate Division of the Supreme Court of the State of New York · 1991

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