SCHMEIDER v. MONTEFIORE HOSP. & MED. CTR.


122 A.D.2d 735 (1986)

William Schmeider et al., Appellants, v. Montefiore Hospital and Medical Center et al., Respondents, et al., Defendant

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

August 21, 1986


Upon review of the record, we find ample support for the jury verdict in favor of defendants in this medical malpractice action. The jury instructions, while hardly a model charge, do in their totality adequately set forth the sole basis for liability against Dr. Driscoll, namely, whether there was an error of judgment, amounting to malpractice, as a result of his decision to delay surgical intervention to close the rupture, based upon his opinion that the perforation might...

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