ROSE v. CONTE

9657, 27430/02.

107 A.D.3d 481 (2013)

967 N.Y.S.2d 698

2013 NY Slip Op 4297

NOEL, ABRAHAM ROSE, as Executor of HERMINE BROWNE, Appellant, v. SALVATORE CONTE et al., Respondents, et al., Defendants.

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

Decided June 11, 2013.


In this wrongful death action predicated on medical malpractice, the jury heard testimony from plaintiff's oncology expert that the decedent's long-term primary care practitioner, defendant Dr. Conte, deviated from accepted medical standards when, upon the decedent's return to Dr. Conte's practice in February 2001, after a 21-month absence, with complaints of pain and other abdominal symptoms, he diagnosed her with irritable bowel syndrome (IBS), without referring her for...

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