DATIZ v. SHOOB


71 N.Y.2d 867 (1988)

Marisol Datiz, an Infant, by Her Father and Natural Guardian, Luiz Datiz, Respondent, v. M. Philip Shoob, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided March 29, 1988.


Attorney(s) appearing for the Case

Kenneth Mauro for appellant.

Guy L. Heinemann for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., BELLACOSA and DILLON concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

It is generally true that the mere referral of a patient by one physician to another, without more, does not render the referring doctor vicariously liable for the negligence of the treating physician (see, Kavanaugh v Nussbaum, 71 N.Y.2d 535; Hill v St. Clare's Hosp.,

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