Bernstein v. Greenfield

This is an action to recover damages sustained as a result of malpractice. Defendant’s assistant, while injecting with a hypodermic needle in the tonsillar area of the plaintiff, broke the needle and the end of it became embedded in plaintiff’s throat. Plaintiff does not claim that there was negligence in the breaking of the needle. The needle is still embedded in plaintiff’s throat and several operations to remove it have been unsuccessful.

The defendant is a specialist in ear, nose and throat diseases and had practiced twenty-one years at the time of the trial; he had interned at Manhattan…