UCHITEL v. FLEISCHER

2014-03647, Index No. 8351/10.

137 A.D.3d 1111 (2016)

27 N.Y.S.3d 668

2016 NY Slip Op 02075

ALEXANDER UCHITEL et al., Respondents, v. MARIAN FLEISCHER, Appellant.

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

Decided March 23, 2016.


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

On August 26, 2009, the plaintiffs' decedent, Tsilya Uchitel, then 76 years old, underwent a subtotal colectomy, which was performed by the defendant. During the surgery, the defendant discovered and reformed a leak from the anastomosis. While recovering in the surgical intensive care unit, the decedent developed a fever, abdominal pain, and abdominal distention. On August 30, 2009, the defendant...

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