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MERRILL v. ALBANY MED CTR.

126 A.D.2d 66 (1987)

Melinda Merrill, an Infant, by Frances Merrill, Her Mother and Natural Guardian, et al., Respondents, v. Albany Medical Center Hospital et al., Defendants, and Martin E. McKneally, Appellant

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

February 26, 1987

Attorney(s) appearing for the Case

Carter, Conboy, Bardwell, Case & Blackmore (Forrest N. Case of counsel; Dianne Bresee Mayberger on the brief), for appellant.

Kohn, Bookstein & Karp (Raymond S. Zierak of counsel), for respondents.

MIKOLL and YESAWICH, JR., JJ., concur with MAIN, J.; KANE, J. P., and HARVEY, J., concur in part and dissent in part in an opinion by KANE, J. P.

MAIN, J.

On August 4, 1977, it was determined that the infant plaintiff (hereinafter plaintiff), then 22 months of age, required major surgery for the removal of a suspected malignant tumor from her right lung. After surgery had proceeded for approximately one hour, plaintiff suffered cardiac arrest. She was resuscitated by defendant Dr. Martin E. McKneally (hereinafter defendant), who enlarged the incision in...

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