WINIK v. JEWISH HOSP. OF BROOKLYN


31 N.Y.2d 936 (1972)

Doris Winik et al., Appellants, v. Jewish Hospital of Brooklyn, Defendant, and David Farber, Respondent.

Court of Appeals of the State of New York.

Decided December 29, 1972.


Attorney(s) appearing for the Case

Harvey Weitz, Emanuel M. Virshup and Lewis I. Wolf for appellants.

George van Setter for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.


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...

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