Pipers v. Rosenow
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHopkins, Acting P. J.
The plaintiff has recovered a judgment for damages in an action for malpractice against the appellant, Dr. Rosenow. He claimed he sustained an injury to his left arm as the result of the negligent administration of a needle in the withdrawal of blood for laboratory examination. The appellant argues that the judgment cannot be supported by the evidence, that, in effect, the plaintiff proceeded on the mistaken theory of res ipsa loquitur. For reasons stated beyond, we reverse the judgment and grant a new trial.
The plaintiff suffered from a bladder ailment and consulted defendant Dr. Hans…
2Cases cited20 opinions
- George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
- Meiselman v. Crown Heights Hospital, Inc.New York Court of Appeals · 1941
- Lince v. MonsonMichigan Supreme Court · 1961
- Benson v. . DeanNew York Court of Appeals · 1921
- Wolfsmith v. MarshCalifornia Supreme Court · 1959
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3Cited by30 opinions
- Baptist Healthcare Systems, Inc. v. MillerKentucky Supreme Court · 2005
- Mertsaris v. 73rd Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Gravitt v. NewmanAppellate Division of the Supreme Court of the State of New York · 1985
- Schoch v. DoughertyAppellate Division of the Supreme Court of the State of New York · 1986
- Abbott v. New Rochelle Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 1988
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