Legal Opinion

Kerber v. Sarles

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

Decided June 2, 1989PublishedCited by 11 opinions

1Opinion of the Court

Order unanimously reversed on the law with costs, defendant’s motion denied and complaint reinstated. Memorandum: In this action for medical malpractice, Special Term erred in granting summary judgment to defendant Sarles, the podiatrist who performed the surgery on plaintiffs foot. The surgery, which was to correct "hammertoes”, was performed under general anesthesia administered by a board-certified anesthesiologist. When plaintiff awakened in the recovery room, she discovered her front teeth were missing. Plaintiff sued the podiatrist and the hospital where the surgery was performed. For…

2Cases cited5 opinions

  1. Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
  2. Fogal v. Genesee HospitalAppellate Division of the Supreme Court of the State of New York · 1973
  3. Schroeder v. City County Savings Bank, AlbanyNew York Court of Appeals · 1944
  4. Mikel v. Flatbush General HospitalAppellate Division of the Supreme Court of the State of New York · 1975
  5. Hill v. Highland HospitalAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by11 opinions

  1. Frank v. SmithAppellate Division of the Supreme Court of the State of New York · 2015
  2. Graham v. ThompsonMissouri Court of Appeals · 1993
  3. Schmidt v. Buffalo General HospitalAppellate Division of the Supreme Court of the State of New York · 2000
  4. Thomas v. New York University Medical CenterAppellate Division of the Supreme Court of the State of New York · 2001
  5. Leone v. United Health Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2001

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