KAPLAN, M.D. v. SIMMONS, M.D.


5 A.D.3d 321 (2004)

774 N.Y.S.2d 142

SANDRA KAPLAN, M.D., Appellant, v. RACHE SIMMONS, M.D., et al., Respondents.

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

March 30, 2004.


On or about August 1, 1995, a small nodule beneath plaintiff's right breast was diagnosed as angiosarcoma, a rare skin cancer believed to have resulted from radiation treatments previously administered for plaintiff's breast cancer. On August 9, 1995, plaintiff's surgeon, defendant Michael P. Osborne, M.D., treated the angiosarcoma by removing a portion of plaintiff's breast (a quadrantectomy) rather than removing the entire breast (a mastectomy). Unfortunately, angiosarcoma...

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