Legal Opinion

People v. Smithtown General Hospital

New York Supreme Court

Decided February 10, 1978PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Joseph Jaspan, J.

The individual defendants are health care professionals— two orthopedic surgeons, an anesthesiologist and a registered nurse. It is alleged that on July 3, 1975 they permitted a salesman of prosthetic devices to participate in a meaningful way in a surgical procedure then being performed at Smith-town General Hospital, without the consent or knowledge of the patient.

By reason thereof, these defendants and the hospital were indicted in October, 1977 and charged with acting in concert with each other in the commission of the crime of assault in the second…

2Cases cited3 opinions

  1. Lutzken v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1959
  2. People v. DearstyneAppellate Division of the Supreme Court of the State of New York · 1975
  3. People v. RabenoldNew York Court of Appeals · 1942

3Cited by5 opinions

  1. State v. CreechNew Mexico Court of Appeals · 1991
  2. People v. GerhathAppellate Division of the Supreme Court of the State of New York · 1980
  3. Perna v. PirozziNew Jersey Superior Court Appellate Division · 1982
  4. People v. LinardosNew York Supreme Court · 1980
  5. People v. KellerNew York Supreme Court · 1998

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