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HERAUD v. WEISSMAN, M.D.

276 A.D.2d 376 (2000)

714 N.Y.S.2d 476

DENIS M. HERAUD, Appellant, v. SCOTT S. WEISSMAN, M.D., et al., Respondents.

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

Decided October 19, 2000.

The trial dismissal of plaintiff's abandonment complaint against defendant Dr. Fradin was proper since plaintiff failed to prove that he had been Dr. Fradin's patient, and proof of a physician-patient relationship is essential to a prima facie case of abandonment (see, Dillon v Silver, 134 A.D.2d 159, 162). Although Dr. Fradin conducted an initial consultation in which he confirmed that plaintiff required immediate retinal surgery...

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