9 A.D.2d 905 (1959)

Max L. Hirschhorn, Appellant, v. Group Health Insurance Incorporated, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 14, 1959

Order affirmed, with $10 costs and disbursements.

In our opinion, charges that appellant, a physician, rendered services in a particular case, which were not required in accordance with accepted standards of medical practice or medical care, are not libelous per se, and the complaint was properly dismissed in the absence of any allegations of special damage (cf. Mencher v. Chesley, 297 N.Y. 94, 100). The language complained of does not charge appellant with malpractice, as there is no statement, express or implied, that the patient was injured by appellant's treatment. (Cf. Pike v. Honsinger, 155 N.Y. 201, 210.) Neither does that language impute such a charge of general professional ignorance, want of skill, or carelessness, as to be defamatory per se. (Cf. Twiggar v. Ossining Print. & Pub. Co., 161 App. Div. 718.)


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