LARKIN v. DIAZ


257 A.D.2d 843 (1999)

685 N.Y.S.2d 300

SHERRY LARKIN, Appellant, v. MIGUEL A. DIAZ, Respondent.

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

Decided January 14, 1999.


Yesawich Jr., J.

To remedy a chronic sinus condition, plaintiff underwent an operation—performed by defendant, who specializes in ear, nose and throat medicine—referred to as the "Caldwell-Luc" procedure. In the aftermath of the operation, plaintiff experienced persistent numbness in her cheek, prompting commencement of this medical malpractice action. The gravamen of plaintiff's claim is that defendant performed the surgery without first securing plaintiff...

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