Appellate Division of the Supreme Court of New York, 1985

Grcic v. Peninsula Hospital Center

Grcic v. Peninsula Hospital Center
Appellate Division of the Supreme Court of New York · Decided April 1, 1985
110 A.D.2d 625; 487 N.Y.S.2d 113; 1985 N.Y. App. Div. LEXIS 48519
Grcic v. Peninsula Hospital Center

Opinion of the Court

*626Notwithstanding the fact that plaintiffs’ amended verified complaint is broadly drafted and fails to specify the nature of the allegedly improper treatment, it cannot be deemed insufficient as a matter of law (Torres v Southside Hosp., 84 AD2d 836). There is no basis in law to hold a plaintiff in a medical malpractice action, who most often is less likely than the defendant to have knowledge of proper surgical procedures and medical treatment, to a greater burden than plaintiffs in other types of personal injury actions (Cirelli v Victory Mem. Hosp., 45 AD2d 856). Inasmuch as the complaint sets forth sufficient data for appellants to ascertain what it is that plaintiffs are complaining about (Weber v Wise, 86 AD2d 891), the subject pleading satisfies the basic pleading requirement of CPLR 3013 (see, Siegel, NY Prac § 208). Thompson, J. P., Bracken, O’Connor and Weinstein, JJ., concur.

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