MASTROGIANNIS v. NEW YORK CITY HEALTH & HOSPS. CORP.


204 A.D.2d 207 (1994)

612 N.Y.S.2d 31

Stamatois Mastrogiannis et al., Appellants, v. New York City Health and Hospitals Corporation, Respondent

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

May 24, 1994


Plaintiff underwent surgery to remove a portion of the large intestine where a cancerous polyp had been located. At the time of surgery two tissue specimens were removed for testing. One of these samples tested negative, however, the second, a larger specimen in proximity to where the polyp had been removed, was lost. The record reflects that plaintiff failed to demonstrate that his fear of having cancer was reasonably attributable to the loss by defendant of the second tissue...

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