Wilson v. Mary Imogene Bassett Hospital
Cases that cite this one
14 later published cases cite this decision.
- Stewart v. Olean Medical Group, P.C. (Appellate Division of the Supreme Court of New York 2005)
- Cramer v. Schruefer (Appellate Division of the Supreme Court of New York 2020)
- COUNTRY PARK CHILD CARE, INC. v. SMARTDESIGN ARCHITECTURE PLLC (Appellate Division of the Supreme Court of New York 2015)
- Country Park Child Care, Inc. v. Smartdesign Architecture PLLC (Appellate Division of the Supreme Court of New York 2015)
- Country Park Child Care, Inc. v. Smartdesign Architecture PLLC (Appellate Division of the Supreme Court of New York 2015)
- ALGER, COLLETTE v. UNIVERSITY OF ROCHESTER MEDICAL, CENTER (Appellate Division of the Supreme Court of New York 2014)
- Alger v. Strong Memorial Hospital (Appellate Division of the Supreme Court of New York 2014)
- Alger v. Strong Memorial Hospital (Appellate Division of the Supreme Court of New York 2014)
- BARNES, JR., THEODORE F. v. DELLAPENTA, LISA A. (Appellate Division of the Supreme Court of New York 2013)
- Kizis v. Nehring (Appellate Division of the Supreme Court of New York 2006)
- Russell v. City of Buffalo (Appellate Division of the Supreme Court of New York 2006)
- Huther v. Sickler (Appellate Division of the Supreme Court of New York 2005)
- Scofield v. Moreland (Appellate Division of the Supreme Court of New York 2005)
- Kirby v. Monroe No. 1 Board of Cooperative Educational Services (Appellate Division of the Supreme Court of New York 2003)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from a judgment of Supreme Court, Oneida County (Grow, J.), entered March 13, 2002, which dismissed the complaint upon a jury verdict of no cause for action.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Plaintiffs appeal from a judgment dismissing their complaint for medical malpractice on the basis of a jury verdict of no cause for action. The complaint alleged that, in reading the mammogram of Cindy Lee Wilson (plaintiff), defendant Marvin W. Kushnet, M.D., a board-certified radiologist, negligently failed to diagnose breast cancer.
Contrary to plaintiffs’ contention, Supreme Court’s instruction on the standard of care was proper and, in particular, “correctly set forth the rule enunciated by the Court of Appeals in Toth v Community Hosp. (22 NY2d 255, 262 [1968]; see also, PJI 2:150)” with respect to the appropriate community standard of care for a physician (Mayer v Oswego County Ob-Gyn, 207 AD2d 985, 986 [1994]; see generally Nestorowich v Ricotta, 97 NY2d 393, 398 [2002]; Pike v Honsinger, 155 NY 201, 209 [1898]). The court also properly denied plaintiffs’ motion to set aside the verdict as against the weight of the evidence (see CPLR 4404 [a]). Such relief should not be granted unless the preponderance of the evidence in favor of the plaintiffs is so great that the verdict could not have been reached upon any fair interpretation of the evidence (see Kuncio v Millard Fillmore Hosp., 117 AD2d 975, 976 [1986], lv denied 68 NY2d 608 [1986]; see also Lolik v Big V Supermarkets, 86 NY2d 744, 745-746 [1995]). The conflicting expert testimony presented issues of fact and credibility, and we decline to disturb the jury’s resolution of those issues (see Radish v DeGraff Mem. Hosp., 291
Case-law data current through December 31, 2025. Source: CourtListener bulk data.