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States v. Lourdes Hospital
Court of Appeals of New York
792 N.E.2d 151 (2003)
States (plaintiff) underwent surgery at Lourdes Hospital (defendant). The surgery caused her an unexpected injury in her arm, which States believed the surgeon caused by negligently keeping her arm bent at an extreme angle throughout the surgery. States brought a medical malpractice claim against Lourdes, and called an expert witness to testify that her injury would not have likely occurred absent negligence. The trial court allowed this testimony and denied Lourdes’ motion for summary judgment. The appellate court reversed and disallowed the expert testimony.
Rule of Law
Holding and Reasoning (Ciparick, J.)
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