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SCOTT v. BROOKLYN HOSP.

93 A.D.2d 577 (1983)

Elizabeth M. Scott et al., Appellants, v. Brooklyn Hospital et al., Respondents

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

May 16, 1983

Attorney(s) appearing for the Case

Weingrad & Weingrad, P. C. (Stephen A. Weingrad of counsel), for appellants.

Furey, Furey, Gerver & McHenry, P. C. (Frank Catelli of counsel), for Brooklyn Hospital and another, respondents.

Gordon & Silber, P. C. (David M. Dince and David Henry Sculnick of counsel; Julianna Ryan on the brief), for Richard Calame, respondent.

DAMIANI, J. P., GULOTTA and BRACKEN, JJ., concur.

LAZER, J.

This appeal presents another variation of the ethical dilemmas currently afflicting the operations of medical malpractice panels. While it is clearly forbidden for a physician to serve on a panel where his lawyer represents one of the parties, here the physician panelist served on an associate panel and not the one at which the lawyer appeared. It is nonetheless posited to us that the connection between the panel at which the lawyer appeared...

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