GOODSPEED v. ADIRONDACK MEDICAL CENTER


43 A.D.3d 597 (2007)

842 N.Y.S.2d 598

JASON R. GOODSPEED, Respondent, v. ADIRONDACK MEDICAL CENTER et al., Appellants.

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

Decided August 9, 2007.


Cardona, P.J.

Plaintiff awoke on June 25, 1999 at 8:00 A.M. with pain and swelling in his right testicle. When the symptoms worsened, plaintiff left work around 4:00 P.M. and went to the emergency room at defendant Adirondack Medical Center. He was evaluated by a nurse, a physician's assistant and defendant Irwin Lieb, a urologist. Based upon plaintiff's history of heavy lifting over the weekend and the result of an ultrasound showing an enlarged epididymis with normal...

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