KURLAND v. McELWAIN


231 A.D.2d 685 (1996)

647 N.Y.S.2d 542

Harold Kurland, Respondent, v. Jack W. McElwain, Appellant

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

September 30, 1996


Ordered that the order is affirmed, with costs.

The plaintiff first saw the defendant proctologist in 1967. On December 7, 1972, after the plaintiff's internist found a polyp on his colon, the defendant performed a sigmoidoscopy and removed the polyp by fulguration. Since the plaintiff's mother died of colon cancer, and because a patient who has once had a polyp is apt to develop polyps in the future, the defendant undertook a course of treatment which involved annual...

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