MORTON v. BROOKHAVEN MEMORIAL HOSPITAL


32 A.D.3d 381 (2006)

820 N.Y.S.2d 294

VIRGINIA MORTON et al., Respondents, v. BROOKHAVEN MEMORIAL HOSPITAL, Also Known as BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER, et al., Defendants, and ROBERT N. PRICHEP, Appellant.

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

August 1, 2006.


Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, and that branch of the motion which was for leave to serve a third amended complaint to add a claim for punitive damages is denied.

The plaintiff Virginia Morton allegedly sustained permanent nerve damage in her left arm as a result of an improper venipuncture, an untimely diagnosis of a hematoma, and an improper delay of surgery. Following depositions...

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