NEIL CONCEPCION v. CITY OF NEW YORK

1278, 16298/07, 42091/08.

139 A.D.3d 606 (2016)

33 N.Y.S.3d 28

2016 NY Slip Op 04108

NEIL CONCEPCION, as Administrator of the Estate of RAFAEL CONCEPCION, Deceased, Respondent, v. CITY OF NEW YORK et al., Defendants, and MICHAEL WEITZEN, D.O., Appellant/Third-Party Defendant-Appellant. CITY OF NEW YORK et al., Third-Party Plaintiffs-Respondents, et al., Third-Party Defendants.

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

Decided May 26, 2016.


Plaintiff's decedent's leg was run over by a truck while he was working as a sanitation worker. The decedent was taken to the emergency room at defendant St. Barnabas Hospital, and was treated by Dr. Weitzen, the on-call trauma surgeon. After consulting with the on-call vascular surgeon, Weitzen ordered an angiogram to determine the site of the internal bleeding. Following a five-hour surgery by the vascular surgeon to bypass the damaged artery, decedent developed abdominal...

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