MALCOLM v. THE MOUNT VERNON HOSPITAL


309 A.D.2d 704 (2003)

766 N.Y.S.2d 185

WESTIN MALCOLM, Respondent, v. THE MOUNT VERNON HOSPITAL, Appellant, et al., Defendants.

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

Decided October 30, 2003.


On January 12, 1997, plaintiff went to his primary physician, Dr. Edwards, complaining that for two weeks he had a persistent cough, chills, shortness of breath and difficulty breathing when he was lying down. Dr. Edwards instructed plaintiff to go to the emergency room of The Mount Vernon Hospital (the Hospital), where, on January 13, 1997, he received a chest x-ray and was admitted for pneumonia. Plaintiff remained in the Hospital and was given an echocardiogram on January...

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