PROCE v. FRANKLIN GEN. HOSP.


83 A.D.2d 903 (1981)

Thomas Proce, Individually and as Administrator of The Estate of Arlene C. Proce, Deceased, Appellant, v. Franklin General Hospital, Defendant, and Harvey M. Schindelman et al., Respondents

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

August 31, 1981


Judgment affirmed, without costs or disbursements.

It was a question of fact whether the cause of the infection that led to the decedent's death was an undiscovered subphrenic abscess, and the jury's negative answer to the interrogatory focused on that issue was not contrary to the weight of the evidence. The issue as to whether the surgeons examined the subphrenic area in the course of the later exploratory surgery was a matter of credibility for the jury to decide...

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