SMITH v. MATHER MEMORIAL HOSPITAL


268 A.D.2d 518 (2000)

701 N.Y.S.2d 663

CYNTHIA G. SMITH, Individually and as Executor of STANFIELD SMITH, Deceased, Respondent, v. MATHER MEMORIAL HOSPITAL, Defendant, and ALAN W. STUDLEY, Appellant.

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

Decided January 24, 2000.


Ordered that the order is affirmed insofar as appealed from, with costs.

The appellant Dr. Alan W. Studley failed to establish prima facie that he did not deviate from good and accepted medical practice in failing to diagnose and treat the decedent's aortic aneurysm. The evidence submitted by the parties raises issues of fact as to whether the appellant's failure to order a chest X-ray and to recommend follow-up care was a proximate cause of the decedent's death ...

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