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GALIARDO v. ST. VINCENT'S HOSP. & MED. CTR. OF NEW YORK

70 A.D.2d 563 (1979)

Theresa Galiardo, as Administratrix of The Estate of Perry Galiardo, Deceased, Respondent, v. St. Vincent's Hospital and Medical Center of New York et al., Appellants

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

May 24, 1979

Reversed, on the law, and remanded for a new trial, with costs to abide the event.

In this wrongful death action alleging medical malpractice by the defendants in allegedly prematurely discharging the deceased from a hospital following his collapse from an apparent methadone overdose, it was error not to permit the defendants to introduce evidence that the deceased ingested Valium following his release which contributed to his death. We are not persuaded that the...

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