Midler v. Crane

Sweeny and Freedman, JJ.,

dissent in a memorandum by Sweeny, J., as follows: Because the jury’s finding that defendant departed from good and accepted medical practice in failing to monitor plaintiff for lupus was inconsistent with its finding that there was no such departure in failing to diagnose and treat her for that disease, I must dissent.

Plaintiff was referred to defendant, a board certified rheumatologist, by her gynecologist, Dr. Grossman, in October 2000. At that time, she complained of pain in her knees, wrists and ankles. After reviewing plaintiff’s lab results, defendant performed…