Legal Opinion
James v. Wormuth
New York Court of Appeals
Decided June 27, 2013PublishedCited by 46 opinions
1Opinion of the Court
OPINION OF THE COURT
Rivera, J.
Plaintiff Marguerite James commenced this medical malpractice action against defendants Dr. David Wormuth and his practice, CNY Thoracic Surgery, EC., after he failed to remove a localization guide wire during a biopsy of an area on plaintiffs lung. On this appeal from the Appellate Division order affirming the dismissal of her amended complaint, we affirm.
In October 2004, a guide wire inserted into the plaintiff to assist with a biopsy of an area in her lung dislodged. Defendant Dr. Wormuth proceeded with the biopsy, but was unable to locate the dislodged wire.…
2Cases cited11 opinions
- Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
- Meiselman v. Crown Heights Hospital, Inc.New York Court of Appeals · 1941
- Kambat v. St. Francis HospitalNew York Court of Appeals · 1997
- States v. Lourdes HospitalNew York Court of Appeals · 2003
- Frye v. Montefiore Medical CenterAppellate Division of the Supreme Court of the State of New York · 2009
6 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Janice Mazella v. William Beals, M.D.New York Court of Appeals · 2016
- Ezzard v. One E. Riv. Place Realty Co., LLCAppellate Division of the Supreme Court of the State of New York · 2015
- Clune v. MooreAppellate Division of the Supreme Court of the State of New York · 2016
- D.Y. Ex Rel. DeShawn Y. v. Catskill Regional Medical CenterAppellate Division of the Supreme Court of the State of New York · 2017
- Gallagher v. Cayuga Medical CenterAppellate Division of the Supreme Court of the State of New York · 2017
41 more not listed; retrieve them via the Exa API.