Legal Opinion

McLarney v. Community Health Plan

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

Decided November 19, 1998PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Yesawich Jr., J.

Plaintiff Daniel McLarney (hereinafter plaintiff) was accidentally stuck by a needle while removing a bag of trash from a dental examining room at defendant’s facility. He reported this incident to defendant and proceeded, as directed, to seek treatment at a nearby hospital emergency room. Although plaintiff took the needle with him to the emergency room, it was apparently discarded by a nurse after she ascertained that it contained insufficient material to test for the presence of HIV (Human Immunodeficiency Virus). Plaintiff was told that he should…

2Cases cited10 opinions

  1. Brown v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1996
  2. Albright v. MetzNew York Court of Appeals · 1996
  3. Hare v. StateAppellate Division of the Supreme Court of the State of New York · 1991
  4. Kaufman v. Physical Measurements, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
  5. Schulman v. Prudential Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1996

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3Cited by3 opinions

  1. Ricky Baker v. David Alan DorfmanCourt of Appeals for the Second Circuit · 2000
  2. Ornstein v. New York City Health & Hospitals Corp.New York Court of Appeals · 2008
  3. Siegrist v. StateAppellate Division of the Supreme Court of the State of New York · 2008

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