Legal Opinion

Merrill v. Albany Medical Center Hospital

Appellate Division of the Supreme Court of the State of New York

Decided February 26, 1987PublishedCited by 20 opinions

1Opinion of the Court

*67OPINION OF THE COURT

Main, J.

On August 4, 1977, it was determined that the infant plaintiff (hereinafter plaintiff), then 22 months of age, required major surgery for the removal of a suspected malignant tumor from her right lung. After surgery had proceeded for approximately one hour, plaintiff suffered cardiac arrest. She was resuscitated by defendant Dr. Martin E. McKneally (hereinafter defendant), who enlarged the incision in her chest so as to enable him to manually massage plaintiff’s heart. This procedure restored the heart’s function and despite the incident, the operation proceeded.…

2Cases cited3 opinions

  1. Caprara v. Chrysler Corp.New York Court of Appeals · 1981
  2. Welty v. BrownAppellate Division of the Supreme Court of the State of New York · 1977
  3. Good v. MantaibanoAppellate Division of the Supreme Court of the State of New York · 1975

3Cited by20 opinions

  1. Donlon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
  2. Kirschhoffer v. Van DykeAppellate Division of the Supreme Court of the State of New York · 1991
  3. Marcellus v. Nathan Littauer Hospital Ass'nAppellate Division of the Supreme Court of the State of New York · 1988
  4. Johnston v. ColvinAppellate Division of the Supreme Court of the State of New York · 1988
  5. Bermeo v. Yucel AtakentAppellate Division of the Supreme Court of the State of New York · 1998

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