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Matter of Bergman v. Sobol

Appellate Division of the Supreme Court of New York, Third Department
Jan 3, 1991
169 A.D.2d 850 (N.Y. App. Div. 1991)

Opinion

January 3, 1991


This CPLR article 78 proceeding challenges a finding of professional misconduct involving gross negligence by petitioner for operating on the wrong leg of a five-year-old patient and the penalty of censure and reprimand. We previously have confirmed determinations of professional misconduct involving gross negligence by the supervising physician (see, Matter of Spero v Board of Regents, 158 A.D.2d 763) and the assisting physician (see, Matter of Ross v Commissioner of Educ. of State of N.Y., 167 A.D.2d 569) in the same operation. After reviewing the record and arguments, we find no reason to reach a different conclusion than in the previous proceedings. Petitioner admitted at his hearing that he operated on the wrong leg of the young patient without reviewing the patient's chart, examining the patient or confirming which leg was supposed to be treated. These facts convince us that petitioner acted with gross negligence in operating on the wrong leg.

Determination confirmed, and petition dismissed, without costs. Mahoney, P.J., Weiss, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.


Summaries of

Matter of Bergman v. Sobol

Appellate Division of the Supreme Court of New York, Third Department
Jan 3, 1991
169 A.D.2d 850 (N.Y. App. Div. 1991)
Case details for

Matter of Bergman v. Sobol

Case Details

Full title:In the Matter of MARC BERGMAN, Petitioner, v. THOMAS SOBOL, as…

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

Date published: Jan 3, 1991

Citations

169 A.D.2d 850 (N.Y. App. Div. 1991)
564 N.Y.S.2d 571

Citing Cases

Matter of Bergman v. Sobol

Decided April 25, 1991 Appeal from (3d Dept: 169 A.D.2d 850) MOTIONS FOR LEAVE TO APPEAL GRANTED OR…