MARTIN v. LATTIMORE ROAD SURGICENTER, INC.


281 A.D.2d 866 (2001)

727 N.Y.S.2d 836

VALERIE MARTIN et al., Appellants, v. LATTIMORE ROAD SURGICENTER, INC., Doing Business as LATTIMORE COMMUNITY SURGICENTER, et al., Defendants, and DAVID L. GANDELL, M.D., Respondent.

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

Decided March 21, 2001.


Judgment reversed on the law with costs and new trial granted.

Memorandum:

Supreme Court erred in giving an "error in judgment" charge over plaintiffs' objection. That charge is appropriate only in a narrow category of medical malpractice cases in which there is evidence that defendant physician considered and chose among several medically acceptable treatment alternatives (see, 1A NY PJI 3d 701, caveat 2 [2001]; see also, Grasso v Capella, ...

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