Rogers v. Schuyler

Full title: RUTH ROGERS, Respondent, v. LEONARD SCHUYLER, Appellant

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

Date published: Feb 8, 1990

158 A.D.2d 318 (N.Y. App. Div. 1990)

551 N.Y.S.2d 5

Opinion

February 8, 1990

Appeal from the Supreme Court, New York County (Michael Dontzin, J.).

Plaintiff sustained severe injuries to her jaw, face and neck when she fell from an examining table while giving a blood sample. She contends that defendant physician was negligent in failing to secure her to the table.

We agree that a medical malpractice hearing is unwarranted under these circumstances since the acts complained of would constitute simple negligence and not malpractice requiring medical expert opinion. (Bleiler v Bodnar, 65 N.Y.2d 65.)

Concur — Kupferman, J.P., Asch, Ellerin and Smith, JJ.