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ROSEN v. MOSS

23 A.D.3d 289 (2005)

808 N.Y.S.2d 15

CARYN ROSEN, Respondent, v. RICHARD D. MOSS, M.D., et al., Appellants, et al., Defendants.

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

November 22, 2005.

Triable issues of negligence and causation are raised by plaintiff's expert's affidavit that plaintiff's complaints of missed periods warranted a blood work-up, which would have revealed elevated levels of FSH and led to discovery of the FSH-secreting pituitary tumor; that plaintiff's continued complaints of abdominal pain and distension warranted a pelvic ultrasound, which would have revealed the presence of ovarian cysts associated with the tumor; that the tumor existed...

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