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Close v. Gorman

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 8, 2001
284 A.D.2d 1013 (N.Y. App. Div. 2001)

Opinion

June 8, 2001.

(Appeal from Order of Supreme Court, Onondaga County, Major, J. — Amend Pleadings.)

PRESENT: PIGOTT, JR., P.J., WISNER, HURLBUTT, KEHOE AND BURNS, JJ.


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted plaintiffs' motion to amend the complaint to add medical malpractice causes of action alleging that John F. Gorman, M.D. (defendant) failed to diagnose the breast cancer of Joan M. Close (plaintiff) in a timely manner and that he is vicariously liable for the interpretation of her mammograms in 1992 and 1994 by defendant radiologists. Contrary to defendant's contention, plaintiffs established the applicability of the continuous treatment doctrine, thereby tolling the Statute of Limitations for medical malpractice ( see, Massie v. Crawford, 78 N.Y.2d 516, 519, rearg denied 79 N.Y.2d 978). Plaintiffs established that defendant had diagnosed plaintiff as having fibrocystic disease in both breasts and was monitoring that condition ( see, Pace v. Caron, 232 A.D.2d 617). Also contrary to defendant's contention, plaintiffs have sufficiently explained the delay in moving to add a cause of action based on vicarious liability, and defendant failed to demonstrate that it would be prejudiced by the amendment ( cf., Smith v. Bessen, 161 A.D.2d 847, 848-849; Axelrod v. Axelrod, 106 A.D.2d 913). We have examined defendant's remaining contention and conclude that it is lacking in merit.


Summaries of

Close v. Gorman

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 8, 2001
284 A.D.2d 1013 (N.Y. App. Div. 2001)
Case details for

Close v. Gorman

Case Details

Full title:JOAN M. CLOSE AND C. EDWIN CLOSE, PLAINTIFFS-RESPONDENTS, v. JOHN F…

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

Date published: Jun 8, 2001

Citations

284 A.D.2d 1013 (N.Y. App. Div. 2001)
727 N.Y.S.2d 669

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