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Cornish v. De Palma

Appellate Division of the Supreme Court of New York, First Department
Dec 6, 1994
210 A.D.2d 35 (N.Y. App. Div. 1994)

Summary

In Cornish v. De Palma, 210 A.D.2d 35 (1st Dep't 1994), the First Department upheld the lower court's denial of summary judgment to defendant physician.

Summary of this case from Yakkey v. Ascher

Opinion

December 6, 1994

Appeal from the Supreme Court, Bronx County (Bertram Katz, J.).


It is not disputed that during the time that plaintiff was staying at defendant New Rochelle Hospital Medical Center, he developed severe bedsores that caused him much pain and necessitated surgery. He and his sister have both furnished affidavits that, notwithstanding the entries on the hospital records, the treatment regimen ordered by the attending physician, defendant doctor, was not followed. Since the ultimate responsibility for a patient's treatment is borne by his physician, and there is a factual disagreement over what transpired and whether plaintiff was properly ministered to, the Supreme Court appropriately found that the dispute herein does not concern the appropriate medical treatment but exactly what occurred when plaintiff was under defendant-appellant's care and that this is not a matter where expert testimony is essential. Rather, it is the credibility of the parties' respective witnesses that is crucial. The court, therefore, correctly denied the motion for summary judgment dismissal by defendant doctor.

Concur — Murphy, P.J., Sullivan, Kupferman, Asch and Tom, JJ.


Summaries of

Cornish v. De Palma

Appellate Division of the Supreme Court of New York, First Department
Dec 6, 1994
210 A.D.2d 35 (N.Y. App. Div. 1994)

In Cornish v. De Palma, 210 A.D.2d 35 (1st Dep't 1994), the First Department upheld the lower court's denial of summary judgment to defendant physician.

Summary of this case from Yakkey v. Ascher
Case details for

Cornish v. De Palma

Case Details

Full title:WILLIAM CORNISH, Respondent, v. NICHOLAS DE PALMA, Appellant, et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 6, 1994

Citations

210 A.D.2d 35 (N.Y. App. Div. 1994)
618 N.Y.S.2d 819

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