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Humphrey v. Jewish Hospital & Medical Center

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1991
172 A.D.2d 494 (N.Y. App. Div. 1991)

Summary

In Humphrey v Jewish Hosp. & Med. Center (172 A.D.2d 494 [2d Dept 1991]), a general surgeon was held to be qualified to render an opinion in the specialty of obstetrics and gynecology.

Summary of this case from Khurdayan v. Kassir

Opinion

April 1, 1991

Appeal from the Supreme Court, Kings County (Pizzuto, J.).


Ordered that the order is affirmed, with costs.

We find that material issues of fact exist, inter alia, as to whether the defendant Isadore Roy Gold used appropriate care in the prenatal treatment of the plaintiff's wife and delivery of the infant. To grant summary judgment it must clearly appear that no material and triable issues of fact are presented (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324; Winegrad v. New York Univ. Med. Center, 64 N.Y.2d 851, 853; Canosa v. Abadir, 165 A.D.2d 823).

The defendant claims that since the plaintiff's expert was a general surgeon he was unqualified to render an opinion in the specialty of obstetrics or gynecology. The defendant's claim is without merit. A physician need not be a specialist in a particular field in order to be considered a medical expert (see, Fuller v. Preis, 35 N.Y.2d 425; Joswick v. Lenox Hill Hosp., 161 A.D.2d 352; Kletnieks v. Brookhaven Mem. Assn., 53 A.D.2d 169; Fisch, New York Evidence § 428, at 277; Richardson, Evidence § 368 [Prince 10th ed]). Mangano, P.J., Lawrence, Rosenblatt and Miller, JJ., concur.


Summaries of

Humphrey v. Jewish Hospital & Medical Center

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1991
172 A.D.2d 494 (N.Y. App. Div. 1991)

In Humphrey v Jewish Hosp. & Med. Center (172 A.D.2d 494 [2d Dept 1991]), a general surgeon was held to be qualified to render an opinion in the specialty of obstetrics and gynecology.

Summary of this case from Khurdayan v. Kassir

In Humphrey v Jewish Hosp. & Med. Center (172 A.D.2d 494 [2d Dept 1991]), a general surgeon was held to be qualified to render an opinion in the specialty of obstetrics and gynecology.

Summary of this case from Khurdayan v. Kassir

In Humphrey v Jewish Hosp. & Med. Center (172 A.D.2d 494 [2d Dept 1991]), a general surgeon was held to be not unqualified to render an opinion in the specialty of obstetrics and gynecology.

Summary of this case from Buck v. Vulcano

In Humphrey v Jewish Hosp. & Med. Center (172 AD2d 494 [2d Dept 1991]), a general surgeon not unqualified to render an opinion in the specialty of obstetrics and gynecology.

Summary of this case from Hoffman v. Taubel
Case details for

Humphrey v. Jewish Hospital & Medical Center

Case Details

Full title:VICTOR A. HUMPHREY, as Administrator of SEAN A. HUMPHREY, Deceased…

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

Date published: Apr 1, 1991

Citations

172 A.D.2d 494 (N.Y. App. Div. 1991)
567 N.Y.S.2d 737

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