JONES v. SOC'Y OF THE NEW YORK HOSP.


155 A.D.2d 338 (1989)

Arthur P. Jones, Appellant, v. Society of the New York Hospital, Respondent

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

November 21, 1989


Plaintiff who shortly after undergoing surgery for a condition in his left leg suffered problems with his right leg, and required further surgery which purportedly rendered him unable to function normally. Plaintiff failed to call an expert and his proof fell short of establishing malpractice, whereupon the trial court granted a motion to dismiss for failure to establish a prima facie case. Contrary to plaintiff's assertions, the doctrine of res ipsa loquitur does not apply...

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