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ROBERTS v. ST. FRANCIS HOSP.

96 A.D.2d 272 (1983)

Richard Roberts, Individually and as Parent and Natural Guardian of Deborah S. Roberts, an Infant, Respondent, v. St. Francis Hospital et al., Defendants, and Julia Keniston, Appellant

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

November 23, 1983

Attorney(s) appearing for the Case

Meiselman, Farber, Stella & Eberz (Myra I. Packman of counsel), for appellant.

Orseck, Orseck & Greenberg (Gerald Orseck of counsel), for respondent.

SWEENEY, J. P., MIKOLL, YESAWICH, JR., and WEISS, JJ., concur.

LEVINE, J.

Testimony at the trial of this medical malpractice action adduced the following facts. On January 18, 1978, plaintiff Deborah Susan Roberts, then age 14, was brought to the emergency room of St. Francis Hospital in Port Jervis, New York, complaining of a high fever, vomiting and pain on the right side of her chest and back. An X ray indicated an infiltration in the middle lobe of her right lung. At...

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