GIBSON v. ST. LUKE'S ROOSEVELT HOSPITAL CENTER


267 A.D.2d 136 (1999)

700 N.Y.S.2d 180

R. PEYTON GIBSON, Respondent, v. ST. LUKE'S ROOSEVELT HOSPITAL CENTER, Appellant.

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

Decided December 21, 1999.


At trial in this medical malpractice action arising out of a 73-year-old patient's fall at defendant hospital, counsel for plaintiff, the guardian of the patient's property, was permitted, over defendant's objection, to read from defendant's orthopedic expert witness disclosure statement and to comment thereon in summation. A key issue at trial was the timing of the patient's injury, a displaced fracture of the left hip. She had admittedly fallen the night before her admission...

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