MACKAUER v. PARIKH

2015-02566, Index No. 102150/11.

148 A.D.3d 873 (2017)

2017 NY Slip Op 01847

49 N.Y.S.3d 488

PETER MACKAUER, Respondent, v. DIVYANG PARIKH, M.D., et al., Appellants.

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

Decided March 15, 2017.


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

On April 13, 2009, Dr. Divyang Parikh, a gastroenterologist, performed a colonoscopy on the plaintiff. Thereafter, on April 21, 2009, the plaintiff presented to Parikh in a highly emotional state, complaining of nonspecific abdominal pain. Parikh referred the plaintiff to his primary care physician for a psychiatric evaluation. Two days later, on April 23, 2009, the plaintiff presented to the...

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