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SCOPELLITI v. WESTMED MEDICAL GROUP

2019-01082. Index No. 59774/17.

193 A.D.3d 1009 (2021)

146 N.Y.S.3d 656

2021 NY Slip Op 02436

Josephine Scopelliti, Appellant, v. Westmed Medical Group et al., Respondents.

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

Decided April 21, 2021.

Attorney(s) appearing for the Case

Rheingold Giuffra Ruffo & Plotkin LLP, New York, NY ( Edward A. Ruffo of counsel), for appellant.

Heidell, Pittoni, Murphy & Bach, LLP, White Plains, NY ( Daniel S. Ratner , Daryl Paxson , and Daniel Lei of counsel), for respondents.

Austin, J.P., Miller, LaSalle and Barros, JJ., concur.

Ordered that the order is affirmed, with costs.

In August 2014, 70-year-old Dominick Scopelliti (hereinafter the decedent) was diagnosed with non-Hodgkin's lymphoma. At the same time, it was discovered that the decedent was an asymptomatic hepatitis B carrier. The decedent was referred to the defendant Alan H. Jaffe, a gastroenterologist, for management of his dormant hepatitis B virus during chemotherapy. Jaffe prescribed antiviral medication for a period of six...

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