BECK v. WESTCHESTER COUNTY HEALTH CARE CORPORATION

2008-09827

72 A.D.3d 714 (2010)

901 N.Y.S.2d 280

HENCHIE BECK et al., Respondents, v. WESTCHESTER COUNTY HEALTH CARE CORPORATION, Also Known as WESTCHESTER MEDICAL CENTER, et al., Appellants, et al., Defendants.

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

Decided April 13, 2010.


Ordered that the order is affirmed insofar as appealed from, with costs.

The injured plaintiff claimed that she contracted the hepatitis C virus (hereinafter HCV) after undergoing a surgical procedure at the defendant medical center during which she received anesthesia from the defendant physician. Approximately eight weeks after the procedure, the injured plaintiff, who, prior to the procedure, had tested negative for HCV, was diagnosed with

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