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Winik v. Jewish Hospital

293 N.E.2d 95, 31 N.Y.2d 936, 340 N.Y.S.2d 927, 1972 N.Y. LEXIS 897
CourtNew York Court of Appeals
DecidedDecember 29, 1972
StatusPublished
Cited by7 cases

This text of 293 N.E.2d 95 (Winik v. Jewish Hospital) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Winik v. Jewish Hospital, 293 N.E.2d 95, 31 N.Y.2d 936, 340 N.Y.S.2d 927, 1972 N.Y. LEXIS 897 (N.Y. 1972).

Opinion

Order affirmed, without costs, in the following memorandum: Appellant was unable to demonstrate that her fear of contracting cancer was reasonable or attributable to respondent surgeon’s alleged negligence in excising the wrong portion of her breast and permitting the suspect lump to remain, on which there was an issue of fact. Every physician she consulted assured appellant she did not have cancer and that there was no cause for concern. This case is distinguishable from those where the negligence of the physician either gave rise to a potentially cancerous condition or permitted a cancer to develop unchecked (see Trapp v. Metz, 28 N Y 2d 913, revg. 35 A D 2d 851, on dis. opn. at Appellate Division; Ferrara v. Galluchio, 5 N Y 2d 16).

[938]*938Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bebgan, Bbeitel, Jasen and Gibson.

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Bluebook (online)
293 N.E.2d 95, 31 N.Y.2d 936, 340 N.Y.S.2d 927, 1972 N.Y. LEXIS 897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winik-v-jewish-hospital-ny-1972.