Simon v. New York University Medical Center
Opinion of the Court
—Judgment, Supreme Court, New York County (Stanley Sklar, J., and a jury), entered May 12, 1998, in favor of defendant hospital and against plaintiff patient dismissing the complaint, unanimously affirmed, without costs.
We do agree that the trial court improperly precluded plaintiffs expert witness from giving an opinion that defendant’s nurse was negligent in leaving plaintiff alone in the bathroom due to plaintiffs double vision and memory loss. The trial court’s decision was predicated upon a very narrow reading of the complaint and bill of particulars, which documents, we find, sufficiently apprised defendant of these conditions. However, such error was harmless given the overwhelming evidence that defendant’s nurse did not depart from good and accepted standards of medical and nursing care. Concur — Sullivan, J. P., Williams, Wallach, Lerner and Saxe, JJ.
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