Legal Opinion
Martin v. Lattimore Road Surgicenter, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 21, 2001PublishedCited by 13 opinions
1Opinion of the Court
—Judgment reversed on the law with costs and new trial granted. Memorandum: Supreme Court erred in giving an “error in judgment” charge over plaintiffs’ objection. That charge is appropriate only in a narrow category of medical malpractice cases in which there is evidence that defendant physician considered and chose among several medically acceptable treatment alternatives (see, 1A NY PJI 3d 701, caveat 2 [2001]; see also, Grasso v Capella, 260 AD2d 600, 601). This case does not fall into that narrow category. At trial, plaintiffs presented evidence that David L. Gandell, M.D. (defendant)…
2Cases cited3 opinions
- Spadaccini v. DolanAppellate Division of the Supreme Court of the State of New York · 1978
- Brault v. Kenmore Mercy HospitalAppellate Division of the Supreme Court of the State of New York · 1988
- Grasso v. CapellaAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by13 opinions
- Nestorowich v. RicottaNew York Court of Appeals · 2002
- Anderson v. House of Good Samaritan HospitalAppellate Division of the Supreme Court of the State of New York · 2007
- Menard v. FeinbergAppellate Division of the Supreme Court of the State of New York · 2009
- Schuster v. SourourAppellate Division of the Supreme Court of the State of New York · 2022
- Sutton v. KassapidesAppellate Division of the Supreme Court of the State of New York · 2010
8 more not listed; retrieve them via the Exa API.