DIAZ v. ROSE, M.D.


37 A.D.3d 233 (2007)

829 N.Y.S.2d 494

VALENTINO DIAZ, as Executor of JEANETTE CAMMALLIERI, Deceased, Respondent, v. LOUIS C. ROSE, M.D., et al., Defendants, and NEW YORK WESTCHESTER SQUARE MEDICAL CENTER et al., Appellants.

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

Decided February 13, 2007.


Although the Medical Center's failure to retain the object removed from plaintiff's decedent's shoulder will render it more difficult to establish whether that object was one of the suture anchors used to repair the patient's rotator cuff in March 2001, or was instead a drill tip improperly left there during the surgery, the relief granted by the motion court was nevertheless more punitive than was warranted under the circumstances (see Northway Eng'g v Felix Indus.,<...

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