POSTLETHWAITE v. UNITED HEALTH SERVICES HOSPITALS, INC.


5 A.D.3d 892 (2004)

773 N.Y.S.2d 480

KEVIN POSTLETHWAITE, Individually and as Personal Representative of the Estate of Frances E. Postlethwaite, Deceased, Appellant, v. UNITED HEALTH SERVICES HOSPITALS, INC., et al., Respondents.

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

March 11, 2004.


Carpinello, J.

Plaintiff commenced this medical malpractice action to recover for the wrongful death of his wife, Frances E. Postlethwaite (hereinafter decedent), who had been admitted to a hospital in Broome County complaining of abdominal pain. Exploratory abdominal surgery was scheduled two days later. At the beginning of the procedure, but prior to the administration of anesthesia, decedent vomited into her oxygen mask. Her airway was cleared and surgery was performed...

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