PROOTH v. WALLSH


105 Misc.2d 653 (1980)

Samuel Prooth et al., Plaintiffs, v. Eugene Wallsh et al., Defendants.

Supreme Court, Trial Term, New York County.

April 2, 1980.


Attorney(s) appearing for the Case

Julien Schlesinger & Finz, P. C. (Alfred S. Julien, Sybil Shainwald and William D. Fireman of counsel), for plaintiffs. Dwyer, Peltz & Walker (Paul Walker of counsel), for Eugene Wallsh and others, defendants. George S. Pickwick and Camillo Nardelli for Lenox Hill Hospital, defendant.


BENTLEY KASSAL, J.

In this medical malpractice action, plaintiff's attorney objected to that portion of the jury charge which expressly related the standard for medical care to that of the locality in which the defendant doctors practiced. In support of his position, plaintiff's attorney asserted that this test has been universally abandoned. A review of the authority on this subject indicates that such a position is, at the least, an overstatement and...

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