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LUCE v. ST. PETER'S HOSP.

85 A.D.2d 194 (1982)

Theodore Luce et al., as Parents and Natural Guardians of Tina Luce, an Infant, Appellants, v. St. Peter's Hospital et al., Respondents

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

March 11, 1982

Attorney(s) appearing for the Case

Mark B. Wiesen (Francis Bergan of counsel), for appellants.

Carter, Conboy, Bardwell, Case & Blackmore (James S. Carter and Dennis A. First of counsel), for respondents.

YESAWICH, JR., and LEVINE, JJ., concur with SWEENEY, J. P.; KANE, J., dissents and votes to affirm in a separate opinion.

SWEENEY, J. P.

This is a medical malpractice action against the two defendant doctors based on the alleged negligent administering of oxygen to plaintiffs' prematurely born daughter on May 15, 1969, as a result of which she is blind. Pursuant to section 148-a of the Judiciary Law, a hearing was held before a medical malpractice panel which resulted in a unanimous recommendation that defendants be held not liable. At the trial, plaintiffs' counsel called...

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