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Rogers v. Schuyler

158 A.D.2d 318, 551 N.Y.S.2d 5, 1990 N.Y. App. Div. LEXIS 1230
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 8, 1990
StatusPublished
Cited by5 cases

This text of 158 A.D.2d 318 (Rogers v. Schuyler) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rogers v. Schuyler, 158 A.D.2d 318, 551 N.Y.S.2d 5, 1990 N.Y. App. Div. LEXIS 1230 (N.Y. Ct. App. 1990).

Opinion

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 NY2d 65 [1985].) Concur—Kupferman, J. P., Asch, Ellerin and Smith, JJ.

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Cite This Page — Counsel Stack

Bluebook (online)
158 A.D.2d 318, 551 N.Y.S.2d 5, 1990 N.Y. App. Div. LEXIS 1230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-schuyler-nyappdiv-1990.