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Dellert v. Kramer

Appellate Division of the Supreme Court of New York, First Department
Feb 27, 2001
280 A.D.2d 438 (N.Y. App. Div. 2001)

Summary

In Dellert v Kramer, 280 AD2d 438 (1st Dep't 2001), the plaintiff was suffering from ovarian cancer which was not initially diagnosed by defendants. But it was a fact that these defendants did treat the plaintiff "continuously over the relevant time period for symptoms ultimately traceable to this cancerous condition".

Summary of this case from Wilson v. Southampton Urgent Med. Care, P.C.

Opinion

February 27, 2001.

Order, Supreme Court, New York County (Karla Moskowitz, J.), entered on or about December 17, 1999, which, in this medical malpractice action, denied defendant New York Medical Group's motion for partial summary judgment pursuant to CPLR 214-a and denied defendant Kramer's motion for summary judgment dismissing the complaint as against him, or, in the alternative, for partial summary judgment pursuant to CPLR 214-a, unanimously affirmed, without costs.

Jesse S. Waldinger, for plaintiff-respondent.

Neil B. Ptashnik and Bhalinder L. Rikhye, for defendants-appellants.

Before: Nardelli, J.P., Williams, Tom, Andrias, Buckley, JJ.


Dr. Kramer's motion for summary judgment dismissing the complaint as against him was properly denied. Although Dr. Kramer made an adequate prima facie showing that he had not committed malpractice, the responding affidavit of plaintiff's expert was sufficient to raise triable issues as to whether Kramer had, in fact, been negligent in his treatment of plaintiff's symptoms, ultimately, and allegedly belatedly, attributed to ovarian cancer (cf., Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Burt v. Lenox Hill Hosp., 141 A.D.2d 378).

The motion court also properly applied the continuous treatment doctrine to toll the Statute of Limitations as to both defendants. The fact that the defendants did not initially diagnose plaintiff's ovarian cancer does not detract from the conclusion that defendants treated plaintiff continuously over the relevant time period for symptoms ultimately traceable to the cancerous condition whose alleged misdiagnosis and alleged mistreatment has given rise to this action (see, Hill v. Manhattan W. Med. Group-H.I.P., P.C., 242 A.D.2d 255;Williams v. Health Ins. Plan of Greater New York, 220 A.D.2d 343).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Dellert v. Kramer

Appellate Division of the Supreme Court of New York, First Department
Feb 27, 2001
280 A.D.2d 438 (N.Y. App. Div. 2001)

In Dellert v Kramer, 280 AD2d 438 (1st Dep't 2001), the plaintiff was suffering from ovarian cancer which was not initially diagnosed by defendants. But it was a fact that these defendants did treat the plaintiff "continuously over the relevant time period for symptoms ultimately traceable to this cancerous condition".

Summary of this case from Wilson v. Southampton Urgent Med. Care, P.C.

In Dellert v. Kramer, 280 A.D.2d 438 (1st Dep't 2001), the plaintiff was suffering from ovarian cancer which was not initially diagnosed by defendants. But it was a fact that these defendants did treat the plaintiff “continuously over the relevant time period for symptoms ultimately traceable to this cancerous condition”.

Summary of this case from Wilson v. Southampton Urgent Med. Care, P.C.
Case details for

Dellert v. Kramer

Case Details

Full title:PEGGY DELLERT, PLAINTIFF-RESPONDENT, v. LAWRENCE KRAMER, ET AL.…

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

Date published: Feb 27, 2001

Citations

280 A.D.2d 438 (N.Y. App. Div. 2001)
721 N.Y.S.2d 342

Citing Cases

Wilson v. Southampton Urgent Med. Care, P.C.

So, for example, in Hill v Manhattan W. Med. Group-H.I.P, 242 AD2d 255(1st Dep't 1997), there was a question…

Wilson v. Southampton Urgent Med. Care, P.C.

So, for example, in Hill v. Manhattan W. Med. Group–H.I.P, 242 A.D.2d 255 (1st Dep't 1997), there was a…