MEGALLY v. LAPORTA


253 A.D.2d 35 (1998)

679 N.Y.S.2d 649

Nabil Megally, Appellant, v. Alfredo LaPorta et al., Respondents

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

November 2, 1998


Attorney(s) appearing for the Case

Phillips Nizer Benjamin Krim & Ballon, L. L. P., New York City (William F. Reilly and Jeffrey L. Shore of counsel), for appellant.

Shaub, Ahmuty, Citrin & Spratt, L. L. P., Lake Success (Steven J. Ahmuty and Kathleen Daly of counsel), for Alfredo LaPorta, respondent.

Mauro & Goldberg, Great Neck (Kenneth Mauro and Caryn Lilling of counsel), for Nafees Khan Pervez, respondent.

Bartlett, McDonough, Bastone & Monaghan, L. L. P., White Plains (Edward J. Guardaro, Jr., of counsel), for Western Queens Community Hospital, respondent.

SULLIVAN, FRIEDMANN and LUCIANO, JJ., concur.


S. MILLER, J. P.

On this appeal we are asked to recognize, for the first time, the existence of a duty of care owed by physicians, not to a patient, but to a fellow physician who relied upon the diagnosis of his colleagues in the treatment of a patient. The precise issue to be determined is whether two pathologists and the hospital by which they are employed may be liable to a surgeon who allegedly performed...

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