Rogers v. Schuyler
Rogers v. Schuyler
158 A.D.2d 318; 551 N.Y.S.2d 5; 1990 N.Y. App. Div. LEXIS 1230
Opinion of the Court
Plaintiff sustained severe injuries to her jaw, face and neck when she fell from an examining table while giving a blood sample. She contends that defendant physician was negligent in failing to secure her to the table.
We agree that a medical malpractice hearing is unwarranted under these circumstances since the acts complained of would constitute simple negligence and not malpractice requiring medical expert opinion. (Bleiler v Bodnar, 65 NY2d 65 [1985].) Concur—Kupferman, J. P., Asch, Ellerin and Smith, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.