OLIVIERI v. SCHWARTZ


120 A.D.2d 658 (1986)

Thomas Olivieri, Appellant, v. Steven Schwartz, Defendant, and Long Beach Memorial Hospital, Respondent

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

May 19, 1986


Judgment affirmed, with costs.

The plaintiff failed to adduce proof that hospital personnel allowed him to lie flat on his back between the time of his myelogram and the onset of his excruciating headaches. His expert's testimony that the dye reached his head more quickly than would be expected because he was permitted to lie flat was based upon speculation, and was insufficient to prove that the nurses failed to follow the physician's orders (see, Caton...

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