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O'NEIL v. OUR LADY OF LOURDES HOSP., INC.

15 A.D.2d 627 (1961)

Daniel O'Neil, Appellant, v. Our Lady of Lourdes Hospital, Inc., Respondent

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

December 29, 1961

In this action for negligence against a hospital the complaint alleged and the bill of particulars specified, that in the course of treatment of the plaintiff for a cut in the hand, a nurse, injecting tetanus toxoid, so used the needle that she "struck, injured and damaged important nerves in the plaintiff's arm". On the trial plaintiff's proof showed that tetanus antitoxin rather than tetanus toxoid was used in the injection; that the injection was given too close to the...

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