This case presents the novel issue as to whether a physician may be held liable for medical malpractice for not prescribing an operation for a county jail inmate when the Sheriff refused to authorize the operation. The defendant, Herbert Savel, M.D., moves for an order pursuant to CPLR 3211 (subd [a], par 7) dismissing plaintiff's amended complaint as against him.
The facts are as follows: The plaintiff, Louis Bowers, was...
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