Appellate Division of the Supreme Court of New York, 1990

Rogers v. Schuyler

Rogers v. Schuyler
Appellate Division of the Supreme Court of New York · Decided February 8, 1990
158 A.D.2d 318; 551 N.Y.S.2d 5; 1990 N.Y. App. Div. LEXIS 1230
Rogers v. Schuyler

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.

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