ADAMS v. BACK


64 A.D.3d 1070 (2009)

883 N.Y.S.2d 628

TASCHA ADAMS, as Administrator of the Estate of JUANITA ADAMS, Deceased, Respondent, v. EPHRAIM BACK et al., Appellants, et al., Defendants.

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

Decided July 23, 2009.


McCarthy, J.

Juanita Adams (hereinafter decedent) had been a patient of defendant Ephraim Back since 1997. Between 1997 and 2005, decedent, who had a history of smoking, was treated for many ailments, including repeated upper respiratory infections, sputum-producing coughs, wheezing, hoarseness and bronchitis. In December 2003, she had an abnormal chest X ray following complaints of a persistent cough, blood in the sputum and a fever. No follow-up chest X ray, blood...

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