Collins v. New York Hospital

Murphy, P. J., and Evans, J.,

dissent in a memorandum by Murphy, P. J., as follows: I agree with the majority that the charge was technically sufficient. However, I disagree with them in three particular areas. First of all, it is somewhat misleading to state that the infant plaintiffs condition improved while he was in Massapequa Hospital. It may be true that on the date of his discharge, July 19, 1969, his temperature was lower and his kidney function was greater than on the date of his admission, July 6, 1969. However, as is now known, these so-called improvements were not actual…