Opinion · New York Court of Appeals

Winik v. Jewish Hospital

Winik v. Jewish Hosp., 31 N.Y.2d 936 (New York Court of Appeals 1972)

Type
Opinion
Court
New York Court of Appeals
Jurisdiction
New York
Date
1972-12-29
Topic
bankruptcy

Order affirmed, without costs, in the following memorandum: Appellant was unable to demonstrate that her fear of contracting cancer was reasonable or attributable to respondent surgeon’s alleged negligence in excising the wrong portion of her breast and permitting the suspect lump to remain, on which there was an issue of fact. Every physician she consulted assured appellant she did not have cancer and that there was no cause for concern. This case is distinguishable from those where the negligence of the physician either gave rise to a potentially cancerous condition or permitted a cancer to develop unchecked (see Trapp v. Metz, 28 N Y 2d 913, revg. 35 A D 2d 851, on dis. opn. at Appellate Division; Ferrara v. Galluchio, 5 N Y 2d 16). *938Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bebgan, Bbeitel, Jasen and Gibson.

Citator

UpLaw has not yet analyzed Winik v. Jewish Hospital. The absence of a flag is not a finding that it is good law.

Cited by
7 opinions

Order affirmed, without costs, in the following memorandum: Appellant was unable to demonstrate that her fear of contracting cancer was reasonable or attributable to respondent surgeon’s alleged negligence in excising the wrong portion of her breast and permitting the suspect lump to remain, on which there was an issue of fact. Every physician she consulted assured appellant she did not have cancer and that there was no cause for concern. This case is distinguishable from those where the negligence of the physician either gave rise to a potentially cancerous condition or permitted a cancer to develop unchecked (see Trapp v. Metz, 28 N Y 2d 913, revg. 35 A D 2d 851, on dis. opn. at Appellate Division; Ferrara v. Galluchio, 5 N Y 2d 16).

*938 Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bebgan, Bbeitel, Jasen and Gibson.