Stone v. Buffalo General Hospital

OPINION OF THE COURT

Frank R. Bayger, J.

Motions have been made in each of the above-entitled malpractice actions to dispense with medical malpractice panel hearings under section 148-a of the Judiciary Law on the grounds that the cases present primarily factual issues which a malpractice panel is without authority to determine or resolve (cf. Rosa v Mohan Kulkarni Unibell Anesthesia, 113 Misc 2d 39, revd 89 AD2d 529).

In the first above-entitled action, the plaintiffs allege that the defendant hospital, through its agents, servants and employees, failed to properly monitor and observe the…