Legal Opinion
Feldman v. Susan M. Levine, M.D.
Appellate Division of the Supreme Court of the State of New York
Decided December 13, 2011PublishedCited by 8 opinions
1Opinion of the Court
*478The oncological issues presented by the competing causation experts, namely, the estimation of the rate of progression of decedent’s cancer, do not involve the type of novel scientific methodology contemplated for a Frye hearing (see Frye v United States, 293 F 1013 [DC Cir 1923]). Rather, the experts’ disagreement as to whether decedent’s lung cancer was present and could have been diagnosed during her treatment with defendant prior to her diagnosis of stage IV lung cancer, was a jury issue (see Marsh v Smyth, 12 AD3d 307 [2004]). Moreover, the medical literature cited by plaintiff supported…
2Cases cited4 opinions
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Marsh v. SmythAppellate Division of the Supreme Court of the State of New York · 2004
- Schaub v. CooperAppellate Division of the Supreme Court of the State of New York · 2006
- Leffler v. FeldAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by8 opinions
- Schuster v. SourourAppellate Division of the Supreme Court of the State of New York · 2022
- Bacchus-Sirju v. Hollis Women's Ctr.Appellate Division of the Supreme Court of the State of New York · 2021
- Padilla v. Montefiore Medical CenterAppellate Division of the Supreme Court of the State of New York · 2014
- Lucenti v. United StatesDistrict Court, E.D. New York · 2024
- Muroff v. HeerdtAppellate Division of the Supreme Court of the State of New York · 2022
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