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ALMONTE v. SHAUKAT

Index No. 805363/17. Appeal No. 15619-15619A. Case Nos. 2021-00186, 2021-02886.

204 A.D.3d 402 (2022)

166 N.Y.S.3d 160

2022 NY Slip Op 02221

Jahaira Almonte, Appellant, v. Nadia Shaukat, M.D., et al., Respondents.

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

Decided April 5, 2022.

Attorney(s) appearing for the Case

Hasapidis Law Offices, Scarsdale ( Annette G. Hasapidis , of counsel) for appellant.

Marulli, Mannarino, Erichsen & Tomaszewski, LLP, New York ( Francesca M. Erichsen , of counsel) for Nadia Shaukat, M.D., respondent.

Martin Clearwater & Bell, LLP, New York ( Barbara D. Goldberg , of counsel) for Fabienne Varas, R.N., New York-Presbyterian/Queens and New York Presbyterian Healthcare System, Inc., respondents.

Lewis Brisbois Bisgaard & Smith LLP, New York ( Dean L. Pillarella , of counsel) for Monica Rogan, P.A. and Queens Emergency Medical Associates, PLLC, respondents.

Concur—Gische, J.P., Oing, Scarpulla, Shulman, Higgitt, JJ.

Plaintiff presented to the NYPQ emergency department on February 27, 2016, complaining of a painful lump in her breast. She was triaged by Varas, a registered nurse, and examined by Rogan, a physician's assistant. According to plaintiff, Rogan told her that the lump was only a cyst and gave her information about breast cysts and fibrocystic breast changes, but did not give her any discharge instructions and did not tell her to follow up with any specific providers or additional...

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