BETTER v. McCARTHY


173 A.D.2d 967 (1991)

James Better, Individually and as Executor of Patricia W. Better, Deceased, Appellant, v. Teresa McCarthy et al., Respondents

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

May 9, 1991


Harvey, J.

In 1973, when she was 48 years of age, plaintiff's wife, Patricia W. Better (hereinafter decedent), became a gynecological patient of defendants.* Although decedent went to defendants for routine check-ups from 1973 to 1979, she did not come in for an exam in 1980. At a February 10, 1981 appointment at defendants' office, defendant Teresa McCarthy performed a manual breast examination upon decedent and found nothing...

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