MUNOZ v. NEW YORK PRESBYT. HOSP.

8698, 112223/09.

170 A.D.3d 512 (2019)

93 N.Y.S.3d 848

2019 NY Slip Op 01840

Marisol Munoz, Appellant, v. New York Presbyterian Hospital et al., Respondents.

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

Decided March 14, 2019.


This case essentially came down to a battle of the experts with respect to the standard of care and whether antibiotics should have been administered to plaintiff as a precaution several hours earlier, and surgery performed within an hour of her manifesting likely symptoms of necrotizing fasciitis and compartment syndrome. During trial, the jury heard conflicting expert testimony as to these issues, thus raising an issue of credibility peculiarly within the province of the...

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