MITCHELL v. ABITOL


130 A.D.2d 633 (1987)

Ethel Mitchell et al., Respondents, v. M. Maurice Abitol, Appellant

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

May 18, 1987


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendant physician delivered the plaintiff Ethel Mitchell's child by Caesarean section in July 1970. Over five years later, Mrs. Mitchell sought treatment for pain and inflammation that she was experiencing in the area of her incision. Surgery was required to remove a quantity of suture material that had been used at the time of the Caesarean section...

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