BRACCI v. HOPPRT, M.D., P. C.


274 A.D.2d 865 (2000)

711 N.Y.S.2d 256

BARBARA BRACCI, Appellant, v. WILLIAM R. HOPPER, M.D., P. C., et al., Respondents.

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

Decided July 27, 2000.


Peters, J.

This medical malpractice action stems from an injury to plaintiff's left arm sustained as a result of a fall on March 7, 1993. Upon being brought to the local emergency room, X rays revealed a fracture, prompting a call to the on-duty orthopedist, defendant William R. Hopper. Hopper, having treated plaintiff since 1986, was aware of her aversion to surgery. Upon determining that she sustained a severe Smith-type fracture, he alleged that he advised her...

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