Legal Opinion
Oakes v. Patel
New York Court of Appeals
Decided April 2, 2013PublishedCited by 29 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
Defendants challenge a large medical malpractice judgment against them on various grounds. We reject most of their arguments, but modify the Appellate Division’s order to require a new trial on damages for pain and suffering, because the courts below erred in holding that causation issues could not be litigated at a damages trial.
I
On July 18, 1998 Daniel Oakes suffered a sudden, severe headache that was accompanied by vomiting and sensitivity to light. The headache persisted over the next three weeks. Evidence at trial showed that it resulted from an aneurysm…
2Cases cited14 opinions
- In re AhoNew York Court of Appeals · 1976
- Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
- Arnav Industries, Inc. Retirement Trust v. BrownNew York Court of Appeals · 2001
- Mortensen v. Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1984
- Koken v. Reliance InsuranceSupreme Court of Pennsylvania · 2006
9 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Davis v. South Nassau Communities HospitalNew York Court of Appeals · 2015
- Burton v. Label, LLCDistrict Court, S.D. Illinois · 2018
- Luppino v. FlanneryAppellate Division of the Supreme Court of the State of New York · 2020
- Matter of State of New York v. Jermaine B.Appellate Division of the Supreme Court of the State of New York · 2021
- Matter of Upstate Univ. Hosp. v. Jason L.Appellate Division of the Supreme Court of the State of New York · 2023
24 more not listed; retrieve them via the Exa API.