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SVOBODA v. OUR LADY OF LOURDES MEMORIAL HOSPITAL, INC.

20 A.D.3d 805 (2005)

799 N.Y.S.2d 602

RUDOLPH L. SVOBODA et al., Respondents, v. OUR LADY OF LOURDES MEMORIAL HOSPITAL, INC., Appellant.

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

July 21, 2005.

LAHTINEN, J.

Plaintiffs allege that, following a right knee arthroplasty performed on plaintiff Rudolph L. Svoboda (hereinafter plaintiff) at defendant hospital, a continuous passive motion (hereinafter CPM) machine utilized by defendant in an incorrect fashion caused plaintiff to develop an ulcer on his right calf. The ulcer resulted in plaintiff having to undergo skin graft surgery. Plaintiff and his wife, derivatively...

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