Gottfried v. Loh

5 Misc. 3d 592, 784 N.Y.S.2d 352, 2004 NY Slip Op 24372, 2004 N.Y. Misc. LEXIS 1646
New York Supreme Court·Decided September 30, 2004·Published

Opinion

OPINION OF THE COURT

Philip G. Minardo, J.

[593]*593Motion by defendant Kenneth Wooh, M.D., pursuant to CPLR 3211 and 3212, seeking an order dismissing the complaint as against bim on the ground that any allegations of medical malpractice are barred by the applicable statute of limitations is granted, and the complaint as to this defendant is hereby severed and dismissed.

This is an action sounding in medical malpractice wherein it is alleged that Dr. Wooh failed to timely diagnose and treat an acoustic neuroma, i.e., a benign tumor on the surface of the brain of plaintiff Joseph Gottfried.

It appears without contradiction that plaintiff Joseph Gottfried first saw Dr. Wooh, an ear, nose and throat specialist, on May 23, 1994 complaining of imbalance and hearing loss. At that time, Dr. Wooh conducted an audiogram which revealed a right sensorineural hearing loss and ordered plaintiff to undergo an MRI. According to the radiology report of May 26, 1994, the MRI revealed bilateral nasal polyps and sinusitis, but was negative for the presence of a brain tumor (see plaintiffs exhibit D).

Free access — add to your briefcase to read the full text and ask questions with AI

Gottfried v. Loh, 5 Misc. 3d 592, 784 N.Y.S.2d 352, 2004 NY Slip Op 24372, 2004 N.Y. Misc. LEXIS 1646 (N.Y. Super. Ct. 2004).

5 Misc. 3d 592 (Gottfried v. Loh) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Borgia v. City of New York
187 N.E.2d 777 (New York Court of Appeals, 1962)
McDermott v. Torre
437 N.E.2d 1108 (New York Court of Appeals, 1982)
Curcio v. Ippolito
473 N.E.2d 239 (New York Court of Appeals, 1984)
Richardson v. Orentreich
477 N.E.2d 210 (New York Court of Appeals, 1985)
Nykorchuck v. Henriques
577 N.E.2d 1026 (New York Court of Appeals, 1991)
Massie v. Crawford
583 N.E.2d 935 (New York Court of Appeals, 1991)
Bulger v. Nassau County Medical Center
266 A.D.2d 212 (Appellate Division of the Supreme Court of New York, 1999)
Bongiorno v. Penske Automobile Center
289 A.D.2d 520 (Appellate Division of the Supreme Court of New York, 2001)
Mills v. Moriarty
302 A.D.2d 436 (Appellate Division of the Supreme Court of New York, 2003)