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ROJAS v. McDONALD

267 A.D.2d 130 (1999)

701 N.Y.S.2d 21

RHINA ROJAS, an Infant, by BEATRICE ROJAS, Her Parent and Natural Guardian, et al., Respondents, v. ROBERT J. McDONALD et al., Defendants, and FRANCIS A. PFLUM, Appellant.

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

Decided December 21, 1999.

An issue of fact exists as to whether defendant affirmatively advised plaintiff to undergo the allegedly injurious surgery and whether plaintiff reasonably relied on such advice, such that an implied physician/patient relationship resulted between the parties (see, Heller v Peekskill Community Hosp., 198 A.D.2d 265; Lee v City of New York, 162 A.D.2d 34; Hickey v Travelers Ins. Co.,<...

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