SCHAUB v. COOPER, M.D.


34 A.D.3d 268 (2006)

824 N.Y.S.2d 241

JEFFREY SCHAUB et al., Appellants, v. ROBERT B. COOPER, M.D., Respondent.

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

Decided November 14, 2006.


On December 29, 1998, decedent Sybil Schaub was treated at Mercy Medical Center for episodes of diarrhea that occurred the previous day. She was diagnosed with gastroenteritis and released with instructions to seek further care from defendant Dr. Cooper, who had treated decedent, her husband Arnold and son Jeffrey for various medical problems in the past.

On January 4, 1999, decedent, Arnold and Jeffrey visited defendant. Other than a lab report, defendant has no...

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