MARSH v. SMYTH


12 A.D.3d 307 (2004)

785 N.Y.S.2d 440

GEORGIA MARSH, Appellant, v. JAMES SMYTH, M.D., et al., Respondents.

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

November 30, 2004.


In December 1995, plaintiff underwent a hysterectomy to treat her ovarian cancer, following which she complained of severe pain and weakness in the right arm and shoulder, which was thereafter diagnosed as long thoracic nerve palsy. Plaintiff commenced this medical malpractice action alleging that the subject palsy was caused by the anesthesia team's improper hyperabduction of her arm for an extended period while she was under general anesthesia.

Supreme Court erred...

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