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TALLARICO v. NASSAU HOSP.

115 A.D.2d 646 (1985)

Nicholas Tallarico, Individually and as Executor of Laura Tallarico, Deceased, Respondent, v. Nassau Hospital et al., Defendants, and Maganlal Sutaria et al., Appellants

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

December 23, 1985

Order affirmed, insofar as appealed from, with costs.

On this record, Special Term properly found that the defendant surgeons deviated from accepted practice in allowing a phrenic pad to remain in decedent's chest after heart surgery. As defendant Sutaria, the attending surgeon, himself noted, a "phrenic pad is distinguishable from a gauze pad in that it is larger, of a different material [rubber like], and used for a very...

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