BURTMAN v. BROWN

116740/07, 5115.

97 A.D.3d 156 (2012)

945 N.Y.S.2d 673

2012 NY Slip Op 4303

RUTH L. BURTMAN, Respondent, v. ROBIN R. BROWN, M.D., et al., Defendants, ELIZABETH J. BEAUTYMAN, M.D., Appellant.

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

June 5, 2012.


Attorney(s) appearing for the Case

Bartlett, McDonough, Bastone & Monaghan, LLP, White Plains ( Edward J. Guardaro, Jr. and Patricia D'Alvia of counsel), for appellant.

Marie R. Hodukavich , Peekskill, for respondent.

SAXE, MOSKOWITZ, MANZANET-DANIELS, JJ., concur with CATTERSON, J.; TOM, J.P., dissents in a separate opinion.


OPINION OF THE COURT

CATTERSON, J.

In this medical malpractice action, we are asked to determine whether the plaintiff's primary care physician had any duty to supervise or override a course of treatment initiated by another physician actively treating the plaintiff. In this case, we find that the motion court erred in finding that the defendant, Elizabeth Beautyman, M.D., as primary care physician, had an independent duty to assess the plaintiff's condition...

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