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THOMAS v. JOHN T. MATHER MEM'L HOSP.

162 A.D.2d 521 (1990)

Richard Thomas, an Infant, by His Mother and Natural Guardian, Delores Thomas, Appellant, v. John T. Mather Memorial Hospital et al., Respondents

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

June 11, 1990

Ordered that the order is affirmed, with costs.

This appeal involves an effort by the defendants to compel the 23-year-old, severely brain-damaged plaintiff to submit to a CAT scan or Magnetic Resonance Imaging Test (hereinafter MRI) as part of discovery and inspection in this medical malpractice action. The record establishes that it will be necessary to sedate the plaintiff in order to successfully conduct the scan. The...

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