FROBOSE v. WEINER


19 A.D.3d 258 (2005)

796 N.Y.S.2d 614

WILLIAM FROBOSE, Respondent, v. BERNARD WEINER, M.D., et al., Appellants, et al., Defendant.

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

June 23, 2005.


As between plaintiff and appellants physician and his medical practice, the parties' conflicting expert affidavits raise issues of fact as to whether, inter alia, appellants departed from the prevailing standard of care by not examining plaintiff's decedent immediately upon being advised by appellant dialysis center that decedent had contracted an infection; whether, upon examining decedent, appellants departed from the prevailing standard of care by not removing decedent...

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