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DePESA v. WESTCHESTER SQUARE MED. CTR.

239 A.D.2d 287 (1997)

657 N.Y.S.2d 419

Joyce DePesa, Respondent-Appellant, v. Westchester Square Medical Center, Appellant-Respondent

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

May 27, 1997

The trial record reveals that on April 29, 1985, Ruth Durant, who was 49 years old at the time, felt severe pain in her abdomen and went to the emergency room at Westchester Square Medical Center. There, she was prescribed Mylanta and sent home with the advice that she should contact her personal physician if her condition worsened. Durant took the Mylanta, but her condition continued to deteriorate and, after 20 more days, she...

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