HOLDER v. SHEIMAN


268 A.D.2d 246 (2000)

701 N.Y.S.2d 44

VIDA HOLDER et al., Respondents, v. LOUIS SHEIMAN, Appellant.

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

Decided January 11, 2000.


Plaintiff Vida Holder suffered an extravasation during chemotherapy treatment. While the record is equivocal as to whether she told the administering physician that she was feeling pain during the infusion, the issue of what she said during the procedure is one of credibility, and the hospital records made after plaintiff sought treatment for the extravasation are not so unambiguous as to permit the conclusion that the jury's verdict as to liability was irrational or against...

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