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James v. Wormuth

997 N.E.2d 133 (N.Y. 2013)

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James v. Wormuth

Court of Appeals of New York

997 N.E.2d 133 (N.Y. 2013)

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Facts

Dr. Wormuth (defendant) performed a lung biopsy on James (plaintiff). At some point during the procedure, the guide wire dislodged inside of James. Wormuth searched for the wire for 20 minutes but could not find it. At that point, Wormuth determined that it was in James’s best interest to end the biopsy with the wire still inside. James came back several weeks later and had the wire removed. James brought a medical malpractice suit against Wormuth on the theory that Wormuth was negligent when he intentionally left the wire inside of her. The trial court granted Wormuth a directed verdict, and the appellate court affirmed. James appealed.

Rule of Law

Issue

Holding and Reasoning (Rivera, J.)

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