TOM v. HOLTZMAN

14629, 117208/06

131 A.D.3d 420 (2015)

15 N.Y.S.3d 325

2015 NY Slip Op 06477

EDWARD TOM, Respondent, v. ROBERT N. HOLTZMAN, M.D., Appellant.

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

Decided August 11, 2015.


In this action for medical malpractice, the jury's verdict with regard to the timing of plaintiff's MRI was at odds with any fair interpretation of the evidence, requiring a new trial on his theory that defendant departed from good and accepted standards of neurosurgical care by failing to immediately obtain an MRI (see McDermott v Coffee Beanery, Ltd., 9 A.D.3d 195, 206 [1st Dept 2004...

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