BABITS v. VASSAR BROTHERS HOSPITAL


287 A.D.2d 670 (2001)

732 N.Y.S.2d 46

JEAN BABITS, Appellant, v. VASSAR BROTHERS HOSPITAL et al., Respondents.

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

Decided October 29, 2001.


Ordered that the judgments are reversed, on the law, the motions are denied, the complaint is reinstated, and a new trial is granted, with costs to abide the event.

The plaintiff sustained a third-degree burn on the rear area of her right upper thigh while anesthetized and undergoing surgery on her right knee. The defendants could not conclusively state what caused the injury. At trial, the plaintiff's expert testifed regarding two possible causes of the injury, each...

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